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HomeMy WebLinkAboutC-3636 - PSA for Continuing Semeniuk Slough StudiesAMENDMENT NO.3 TO PROFESSIONAL SERVICES AGREEMENT WITH NOBLE CONSULTANTS, INC., FOR CONTINUING SEMENIUK SLOUGH STUDIES THIS AMENDMENT NO. 3 TO PROFESSIONAL SERVICES AGREEMENT, entered into this AVk day of S-e}k MLtCK , 2006, by and between the CITY OF NEWPORT BEACH, a municipal corporation, (hereinafter referred to as "City ") and NOBLE CONSULTANTS, INC., a California corporation whose local address is 2201 Dupont Drive, Suite 620, Irvine, California, 92612 -7509, (hereinafter referred to as "Consultant "), is made with reference to the following: RECITALS A. City is investigating the feasibility of performing maintenance dredging within the Semeniuk Slough, a channel of the Santa Ana River at the western edge of the City of Newport Beach. The site is bordered by the Newport Shores residential development to the west, Coast Highway to the south, and Banning Ranch to the north and east. The Slough is predominately an open- water, salt -marsh estuary that connects to the Newport Slough to the west, that in turn connects to the Santa Ana River. B. On June 22, 2004, City and Consultant entered into a Professional Services Agreement under which Consultant was hired to prepare a Semeniuk Slough Study (hereinafter referred to as the "Agreement"). As part of the study, Consultant was to perform sediment sampling and testing within the eastern slough channel, and investigate the feasibility of inter - agency coordination of the proposed dredging project. City agreed to pay Consultant a not -to- exceed fee of $39,203.00 for these services. The work under this Agreement has been completed. C. In March, 2005, City and Consultant entered into Amendment. No. 1 of the Agreement, under which City agreed to pay Consultant an additional $20,000.00 to perform further studies in connection with the proposed dredging project, including preparation of a conceptual plan that would meet the Army Corps of Engineers' criteria for an ecosystem restoration project (hereinafter referred to as "Amendment No. 1"). This Amendment No. 1 also extended the term of the Agreement to December 31, 2006. D. In September, 2005, City and Consultant entered into Amendment No. 2 of the Agreement, under which the City agreed to pay Consultant an additional $44,000.00 to perform the following tasks: (1) Develop a more specific federal- State -City cost - sharing proposal for the Semeniuk Slough dredging project and subsequent wetlands management project, and (2) 0 0 perform a preliminary review of the probable sources of sediment for purposes of assessing a cost -share formula for the project. E. City now desires to enter into this Amendment No. 3 to reflect additional services not included in Amendment No. 2. Under this amendment, City would pay Consultant an additional $105,000.00 to perform the following tasks: (1) Finalize a specific federal /state /city dredging and maintenance project, and (2) Prepare a preliminary design of a sediment control structure on the Newport Banning Ranch property. F. City desires to compensate Consultant for these additional professional services needed for Project. G. City desires to extend the term of the Agreement to June 30, 2008. H. City and Consultant mutually desire to amend Agreement, hereinafter referred to as "Amendment No. 3," as provided here below. NOW, THEREFORE, the parties hereto agree as follows: 1. Consultant shall perform the services as outlined in the Scope of Services dated August 29, 2006, attached hereto as Exhibit A. 2. City shall pay Consultant for the services on a time and expense not -to- exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached to the Agreement as Exhibit B and incorporated herein by reference. Consultant's compensation for all work performed in accordance with this Amendment No. 3, including all reimbursable items and subconsultant fees, shall not exceed One Hundred Five Thousand Dollars and 001100 ($105,000.00), without additional authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City. 3. Consultant has agreed to perform the services within 12 months of receipt of a Notice to Proceed. 4. Except as expressly modified herein, all other provisions, terms, and covenants set forth in Agreement shall remain unchanged and shall be in full force and effect. K i • IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 3 on the date first above written. APPRO ED AS TO FORM: Aaron C. Harp, Assistant City Attorney for the City of Newport Beach ATTEST: B1 (/�rin� M . LaVonne Harkless, City Clerk CITY OF NEWPORT BEACH A Mu�orp ati B for the City of Newport Beach NOBLE q9JUSILLTANTS, INC.: By: (Corporate icer) Print Name: dif/lft j At. By: (Financial Officer) I (� Title: Lrh% �� rlx- r i 0..l 1417 Y'. C� Print Name: �<-u , kb k� p' Attachments: Exhibit A - Scope of Services Exhibit B - Schedule of Billing Rates f: \users \pbw\shared\agreements \fy 04- 05Moble- semeniuk sloughamend-2.doc 0 0 NOBLE CONSULTANTS, INC. September 8, 2006 Mr. Robert Stein, P.E. City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92663 RE: Proposal for Continuing Professional Engineering Services Phase IV Studies — Cooperative Maintenance Dredging and Management Plan for Semeniuk Slough and Adjacent Lower Santa Ana River Wetlands and Sediment Control For the City of Newport Beach Dear Mr. Stein: Noble Consultants, Inc. (NCI) together with its subconsultant Larry Paul and Associates is pleased to present this Proposal for continuing studies connected with the proposed maintenance dredging of Semeniuk Slough and management of adjacent wetlands. Study tasks completed to date have addressed the scope of dredging requirements for the Slough and potential strategies for multi- agency involvement to perform the initial dredging work and subsequent wetlands management. These studies have thus far defined the dredging requirements and explored a range of potential funding mechanisms. Our proposed services would be two -fold: first, we would continue to dialogue with the Corps of Engineers to reach the necessary go/ no go milestone for a joint FederaV City dredging project for the Lower Santa Ana River, Newport Slough, and Semeniuk Slough as a component of the Federal/State Surfside /Sunset Beach Replenishment Project. If a favorable decision is reached, we would proceed to assist the City to prepare the MOU documentation that will finalize the agreement for Federal /State participation and provides for the necessary contract document provisions so that the City may utilize the Federal dredging contractor to perform additive work in Semeniuk Slough. On a parallel track, we shall assist the City in the preparation of a preliminary design plan and capital cost estimate for construction of a sediment detention basin within the Newport Banning Ranch property so that the City may progress negotiations and entitlement discussions with the private property's ownership. This structure would significantly reduce the volume of sediment that currently enters Semeniuk Slough from this watershed. 1.0 Scope of Services Our proposed services are intended to address the following items at this time: Finalize a specific federal/ state/ City dredging and maintenance project. L_ NOVAII):359 HEL MARIN KEYS I11.VD.,SIHTE 9, NOVATO. (:A A949 -5631 (41i)W4-0727 FAX (415) HH4 -0735 a IRVINE: 2201 IN FONT DR., SIM E 620. IRVINE, CA 92612.7509 (949)752 -1530 FAX(949)752.8381 U SAN DIEGO: 9326 OAKHOCRNE RD.. SANTEE, CA 92071-2314 (619) 596 -95111 FAX (619) 448 -2022 http: //w .nobitcomsWlants.com EXHIBIT A Mr. Robert Stein, P.E. City of Newport Beach Proposal for Continuing Study — Semeniuk Slough Maintenance Dredging September 8, 2006 Page 2 0£6 2. Prepare a preliminary design of a sediment control structure on the Newport Banning Ranch property. These items are described in more detail in the following sections. 1.1. Finalize a Cooperative Dredging Project This portion of study will focus on pursuit of a favorable joint dredging and wetlands management project authorization. 1.1.1. Continue negotiations with the Corps of Engineers to obtain a Federal commitment to participate in a joint maintenance dredging project. Assist the City to prepare a Memorandum of Understanding with the Corps of Engineers that documents the details of the cooperative agreement under the existing authority of the Federal Surfside /Sunset Beach project scheduled to begin in Federal Fiscal year 08. The end result of this task will be a cooperative agreement between the City of Newport Beach and the U.S. Army Corps of Engineers. 1.1.2. Coordinate with the Corps of Engineers' Engineering Division and Construction Operations Division to appropriately modify Federal contract documents to accommodate additive dredging work in Semeniuk Slough. This task shall include incorporation of the City's preliminary dredging plan previously prepared together with appropriate specifications language to cover the Semeniuk Slough portion of dredging work into a final draft contract document that will be prepared by the U.S. Army Corps of Engineers. The task will conclude with a federally approved final draft of the construction contract documents that covers the joint Newport Slough/ Semeniuk Slough dredging work. These documents shall include the final dredging plans for Semeniuk Slough. 1.1.3. Coordinate with the Corps of Engineers' Environmental Branch to assure that they include the necessary regulatory entitlements for the additive Semeniuk Slough dredging work within the overall Lower Santa Ana River/ Newport Slough maintenance dredging project description. The culmination of this task will be a federally approved environmental assessment document that provides for the placement of material dredged from Newport/ Semeniuk Sloughs into the nearshore zone. 1.1.4. Provide specific consultation as requested to respond to unforeseen funding issues and technical requirements. The results of this task would address issues such as early notification of funding constraints and/or unfavorable dredging special conditions being proposed so that the City can formulate appropriate responses in a timely manner. 1.2 Sediment Detention Basin 1.2.1. We shall prepare a conceptual design of a detention basin within Newport Banning .Ranch to control sediment that emanates from the 16`" Street drainage basin. This task Mr. Robert Stein, P.E. City of Newport Beach Proposal for Continuing Study — Semeniuk Slough Maintenance Dredging September g, 2006 Page 3 of 6 shall consist of developing the hydraulic design criteria and the preliminary detention basin plan that may be considered to intercept sediment before it deposits within Semeniuk Slough. The deliverables for this task shall be a Basis of Design memorandum that summarizes the relevant design criteria, preliminary construction drawings consisting of a project plan and typical section, and a preliminary opinion of construction cost. The preliminary design shall be formulated using existing survey and hydrologic information for the study site that may be available from the City and County of Orange. 2.0 Fee and Schedule We proposed to complete that above scope of services on a time and expenses basis in accordance with our Standard Schedule of Charges for a not to exceed fee of $105,000. A breakdown of this fee estimate is provided on the attached spreadsheets. Our services shall be completed within twelve months of receipt of your written Notice to Proceed as shown on the attached schedule. We appreciate the opportunity to present this proposal for your consideration. We look forward to being of continued service on this important capital project. Should you have any questions regarding this submittal or need any additional information, please do not hesitate to contact us. Sincerely, NOBLE TANTS, INC. Attachments: Fee Estimate Spreadsheet Study Schedule NCI Standard Schedule of Charges 'r Mr. Robert Stein, P.E. City of Newport Beach Proposal for Continuing Study - Semeniuk Slough. Maintenance Dredging September 8, 2006 Page 4 of 6 Fee Estimate Spreadsheet Project: Semeniuk Slough Dredging Project - Amendment No. 3 Client: City of Newport Beach Date of Estimate:. [NOBLE 8- Sep -O6 - SPE $260 PE $216 SrrEng I $154 CCEst I $125 - - - I Totals Dolla_ Hours ooperative agreement ederal contract does ederal EA 7,77 12 I_ $2;592 $25,92D $1,080 120 5 onal consultation 2 $432 _ 1.2.1. Conceptual sed del basin _ Design criteria 24 40 $11,344 Concept desi n 1 40 60 $20,960 Cost estimate 8 1 16 $3;728 Memorandum report 24 241 $8,880 I - Sub - Totals 235 1441 16 395 $74936 r e Larry Paul and Associates_ _ Task 1.1.1 Task 1.1.3 118 hrs @$1681hr _ _F $19,824 40 hrs @ S168/hr $6,720 Task 1.1.4. 20 hrs @ $168/hr $3,360 Handling Charge 0 Sub -total $29,904 Total Subconsultants Cadd Communications Handling Charge - Sub -total Courier Expenses Reproduction Other Total Reimbursable Expenses . . .. $104,840 Mr. Robert Stein, P.E. City of Newport Reach Proposal for Continuing Study — Semeniuk Slough Maintenance Dredging September 8, 2006 Page 5 of 6 Study Schedule for Amendment No. 3 FY Quarter 2nd 06/07 3rd 06/07 4th 06107 1st 07/08 Weeks from Notice to Proceed e 0 o ry nOO o n N H n 61 L Task 1: Finalize wCooperative i:Dredging Project Continue ne otiations with USACOE Coordinate with USACOE Engin and Con Ops Branch Coordinate with USACOE Environ Branch Draft MOU Agreement between City and USACOE Final MOU Agreement between City and USACOE loin. Miscellaneous consultation as requested s a` WE IRWIN In H`- j 1 Data collection and review _ _ _ is Hydraulic design criteria _ Preliminary drawings --mixim _ —I Basis of design memorandum = _ Preliminary construction cost estimate SCHEDULE OF CHARGES Labor* (per hour) Senior Principal. Engineer $260 Senior Survey Engineer $1.25 Principal Engineer 216 Staff Engineer 1II 122 Associate Engineer 178 Staff Engineer II 11.8 Senior Structural Engineer II 164 Staff Engineer 1 106 Senior Structural Engineer 1 154 Surveyor II 102 Senior Engineer II 164 Surveyor 1 90 Senior Engineer i 1.54 Senior Construction Inspector 98 Structural Engineer 144 CADD Designer /Operator 98 Project Engineer fI 136 Assistant Engineer 94 Project Engineer l 126 Construction Inspector 90 Construction Manager 132 Technician 78 Construction Cost Estimator 125 Word Processing / Clerical 70 * Depositions, mediations, arbitrations, and court appearance labor is two times the rate shown and billed in 1/2 -day increments. Color Photocopy (I 1'x17) 1.25 per page Reimbursable Expenses City of Newport Beach June 2006 EXHIBIT B lit -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 Magnetometer 200 per day Tide Gage 75 per day Underwater Video System 125 per day Theodolite /Total Station 75 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 /2x1 1) 1.00 per page Automobile 0.90 per mile Color Photocopy (I 1'x17) 1.25 per page City of Newport Beach June 2006 EXHIBIT B LARRY PAUL AND ASSOCIATES WATERSHED & COASTAL PROJECT DEVELOPMENT August 31, 2006 Mr. Jon Moore Noble Consultants, Inc. 2201 Dupont Drive, Ste 620 Irvine, Ca 92612 Hi Jon, This letter is to inform you that my billing rates are now $168.00 per hour. This rate will effective September 1, 2006. Very Truly Yours, Larry Paul Larry Paul 949.439.1455 l arrypau l an da ssoc.com 2967 Michelson Drive G244 Irvine, CA 92612 L_J r1 U • SE '-: h nP6 CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 5 September 26, 2006 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Robert Stein 949 -644 -3322 or rstein@dty.newport- beach.ca.us SUBJECT: SEMENIUK SLOUGH STUDY — AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH NOBLE CONSULTANTS RECOMMENDATION: Approve Amendment No. 3 to Professional Services Agreement with Noble Consultants, Inc., (Noble) of Irvine, California, to define a specific Federal/State/City dredging project for Semeniuk Slough and prepare a preliminary design of a sediment control structure at a contract price of $105,000 and authorize the Mayor and City Clerk to execute the Amendment. DISCUSSION: Under City direction, Noble is investigating options for performing maintenance dredging within the Semeniuk Slough, a channel of the Santa Ana River at the western edge of the City of Newport Beach. The Semeniuk Slough is predominately an open - water, salt -marsh estuary that connects to the Newport Slough to the west, which in turn connects to the Santa Ana River. The site is bordered by the Newport Shores residential development to the west, Coast Highway to the south, and Banning Ranch to the north and east. As a stand alone project, dredging Semeniuk Slough can be very expensive as disposal of the dredged materials would be problematic because the material contains a large proportion of days and fine silts. The primary option that is being explored is to combine the Semeniuk Slough dredging with two Army Corps of Engineers projects: 1) Surfside /Sunset Beach Replenishment Project and 2) Lower Santa Ana River and Newport Slough dredging project. The Corps has ongoing authority and funding for the Surfside /Sunset Beach Replenishment Project. The Corps has obligations for completing the Lower Santa Ana River and Newport Slough dredging project but the project schedule and funding have not been firmly determined. However, there are federal funds that have been earmarked for the Santa Ana River that could be applied to dredging the mouth of the river and Newport Slough. Additionally, the California Department of Boating and Waterways has funds that could be used as local matching funds for the lower Santa Ana River dredging. The idea of a joint Federal /City dredging project has been favorably received by the Corps of Engineers as it will result in a number of benefits, namely, final removal of sediment in the lower Santa Ana River and the Newport Slough, dredging of Semeniuk Slough, and the re- nourishment of the Newport Groin Field with beach quality sand from the Santa Ana River, Newport Slough, and Semeniuk Slough. S uk Slough Study — Amendment to Professional Se � Agreement with Noble Consultants Sentember 26. 2006 Page 2 Under this contact amendment, Noble Consultants, and its subconsultant, Larry Paul and • Associates, will continue its discussions with the Corps of Engineers to reach an agreement for a joint Federal /City dredging project for the Lower Santa Ana River, Newport Slough, and Semeniuk Slough as a component of the Federal /State Surfside /Sunset Beach Replenishment Project. If a favorable decision is reached with the Corps, Noble would assist the City in preparing a Memorandum of Understanding (MOU) with the Corps that identifies the City's financial participation to add the Semeniuk Slough dredging into the comprehensive Surfside /Sunset project defined above. The MOU documentation will also define the Corps and City's obligations for preparing the contract documents and gaining environmental clearances for performing the Semeniuk Slough dredging and providing for the near shore disposal of sediment, including Semeniuk Slough material, so that the City may utilize the Federal dredging contractor to perform additive work in Semeniuk Slough. Noble will assist the City in preparing preliminary engineering documents required by the Corps. The City's portion of construction costs would be budgeted as part of the FY 2007/08 Capital Improvements Program. Environmental Review: An Environmental Impact Statement will be prepared by the Corps of Engineers for the composite project. Public Notice: The Corps of Engineers will prepare permit applications to the Coastal Commission and will be the lead in advertising notices of public hearings. Funding Availability: • A large portion of the funding for this contract, $90,000, is anticipated as a contribution from Orange County Sanitation District (OCSD) as part of the City's release of lease rights for the Bitterpoint Pump Station agreement. This agreement is under development and anticipated to be concluded shortly. In the event an agreement cannot be reached with OCSD, all funding for this work would need to come from the General Fund. Sufficient funds are available in the following accounts for the project: Account Description Account Number Amount Contributions 7251- C5100923 $90,000 General Fund 7014- C5100923 $15,000 Total: $105,000 Pre ared by: Submitted by: Robert Stein, P.E. Stephen G. Badum Principal Civil Engineer Public Works Director Attachments: Amendment No. 3 • • AMENDMENT NO.3 TO PROFESSIONAL SERVICES AGREEMENT WITH NOBLE CONSULTANTS, INC., FOR CONTINUING SEMENIUK SLOUGH STUDIES THIS AMENDMENT NO. 3 TO PROFESSIONAL SERVICES AGREEMENT, entered into this day of 2006, by and between the CITY OF NEWPORT BEACH, a municipal corporation, (hereinafter referred to as "City") and NOBLE CONSULTANTS, INC., a California corporation whose local address is 2201 Dupont Drive, Suite 620, Irvine, California, 92612 -7509, (hereinafter referred to as "Consultant "), is made with reference to the following: RECITALS A. City is investigating the feasibility of performing maintenance dredging within the Semeniuk Slough, a channel of the Santa Ana River at the western edge of the City of Newport Beach. The site is bordered by the Newport Shores residential development to the west; Coast Highway to the south, and Banning Ranch to the north and east. The Slough is predominately an open - water, salt -marsh estuary that connects to the Newport Slough to the west, that in turn connects to the Santa Ana River. B. On June 22, 2004, City and Consultant entered into a Professional Services Agreement under which Consultant was hired to prepare a Semeniuk Slough Study (hereinafter referred to as the "Agreement"). As part of the study, Consultant was to perform sediment sampling and testing within the eastern slough channel, and investigate the feasibility of inter - agency coordination of the proposed dredging project. City agreed to pay Consultant a not -to- exceed fee of $39,293.00 for these services. The work under this Agreement has been completed. C. In March, 2005, City and Consultant entered into Amendment No. 1 of the Agreement, under which City agreed to pay Consultant an additional $20,000.00 to perform further studies in connection with the proposed dredging project, including preparation of a conceptual plan that would meet the Army Corps of Engineers' criteria for an ecosystem restoration project (hereinafter referred to as "Amendment No. 1 "). This Amendment No. 1 also extendedi.the term of the Agreement to December 31, 2006. D. In September, 2005, City and Consultant entered into Amendment No. 2 of the Agreement, under which the City agreed to pay Consultant an additional $44,000.00 to perform the following tasks: (1) Develop a more specific federal- State -City cost- sharing proposal for the Semeniuk Slough dredging project and subsequent wetlands management project, and (2) 0 0 perform a preliminary review of the probable sources of sediment for purposes of assessing a cost -share formula for the project. E. City now desires to enter into this Amendment No. 3 to reflect additional services not included in Amendment No. 2. Under this amendment, City would pay Consultant an additional $105,000.00 to perform the following tasks: (1) Finalize a specific federal/state /city dredging and maintenance project, and (2) Prepare a preliminary design of a sediment control structure on the Newport Banning Ranch property. F. City desires to compensate Consultant for these additional professional services needed for Project. G. City desires to extend the term of the Agreement to June 30, 2008. H. City and Consultant mutually desire to amend Agreement, hereinafter referred to as "Amendment No. 3," as provided here below. NOW, THEREFORE, the parties hereto agree as follows: 1. Consultant shall perform the services as outlined in the Scope of Services dated August 29, 2006, attached hereto as Exhibit A. 2. City shall pay Consultant for the services on a time and expense not -to- exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached to the Agreement as Exhibit B and incorporated herein by reference. Consultant's compensation for all work performed in accordance with this Amendment.. No. 3, including all reimbursable items and suboonsultant fees, shall not exceed One Hundred Five Thousand Dollars and 001100 ($105,000.00), without additional authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City. 3. Consultant has agreed to perform the services within 12 months of receipt of a Notice to Proceed. 4. Except as expressly modified herein, all other provisions, terms, and covenants set forth in Agreement shall remain -unchanged and shall be in full force and effect. • 0 IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 3 on the date first above written. APPR VED AS TO FORM: Aaron C. Harp, Assistant City Attorney for the City of Newport Beach ATTEST: By: LaVonne Harkless, City Clerk - CITY OF NEWPORT BEACH, A Municipal Corporation By: Mayor for the City of Newport Beach NOBLE CONSULTANTS, INC.: By: (Corporate Officer) Title: Print Name: By: (Financial Officer) Title: Print Name: Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates f :luserslpbw\shareftgreementslfy 04- oftoble- semeniuk slough- amend -2.doc 3 0 NOBLE CONSULTANTS, INC. September 8, 2006 Mr. Robert Stein, P.E. City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92663 RE: Proposal for Continuing Professional Engineering Services Phase IV Studies — Cooperative Maintenance Dredging and Management Plan for Semeniuk Slough and Adjacent Lower Santa Ana River Wetlands and Sediment Control For the City of Newport Beach Dear Mr. Stein: Noble Consultants, Inc. (NCI) together with its subconsultant Larry Paul and Associates is pleased to present this Proposal for continuing studies connected with the proposed maintenance dredging of Semeniuk Slough and management of adjacent wetlands. Study tasks completed to date have addressed the scope of dredging requirements for the Slough and potential strategies for multi - agency involvement to perform the initial dredging work and subsequent wetlands • management. These studies have thus far defined the dredging requirements and explored a range of potential funding mechanisms. Our proposed services would be two -fold: first, we would continue to dialogue with the Corps of Engineers to reach the necessary go/ no go milestone for a joint Federal/ City dredging project for the Lower Santa Ana River, Newport Slough, and Semeniuk Slough as a component of the FederaI/State Surfside/Sunset Beach Replenishment Project. If a favorable decision is reached, we would proceed to assist the City to prepare the MOU documentation that will finalize the agreement for Federal/State participation and provides for the necessary contract document provisions so that the City may utilize the Federal dredging contractor to perform additive work in Semeniuk Slough. On a parallel track, we shall assist the City in the preparation of a preliminary design plan and capital cost estimate for construction of a sediment detention basin within the Newport Banning Ranch property so that the City may progress negotiations and entitlement discussions with the private property's ownership. This structure would significantly reduce the volume of sediment that currently enters Semeniuk Slough from this watershed. 1.0 Scone of Services Our proposed services are intended to address the following items at this time: Finalize a specific federal/ state/ City dredging and maintenance project. U NMAl0:359 REL MARIN KEYS RLVD., tit 11TE 9. NOVATO. (A 94949 -1637 (415) 884 -0727 FAX(415)am-0735 • ) IRVINE: 2201 DUPONT DR-SUITE 6211. IRVINR.(:A 92611750 (949) 752 -153() FAX(949)752-838I U SAN DIEGO:9326 (MAROURNE Rn..SA.NTEE,GA 92071 -2314 (619) 596 -951() FAX(619)448-2022 hnpJ /w ..nobleconswtems.com EXHIBIT A W. Robert Stein, P.E. • City of Newport Beach Proposal for Continuing Study — Semeniuk Slough Maintenance Dredging September 8, 2006 Page 2 of 6 2. Prepare a preliminary design of a sediment control structure on the Newport Banning Ranch property. These items are described in more detail in the following sections. 1.1. Finalize a Coonerative Dredging Project This portion of study will focus on pursuit of a favorable joint dredging and wetlands management project authorization. 1.1.1. Continue negotiations with the Corps of Engineers to obtain a Federal commitment to participate in a joint maintenance dredging project. Assist the City to prepare a Memorandum of Understanding with the Corps of Engineers that documents the details of the cooperative agreement under the existing authority of the Federal Surfside /Sunset Beach project scheduled to begin in Federal Fiscal year 08. The end result of this task will be a cooperative agreement between the City of Newport Beach and the U.S. Army Corps of Engineers. 1.1.2. Coordinate with the Corps of Engineers' Engineering Division and Construction • Operations Division to appropriately modify Federal contract documents to accommodate additive dredging work in Semeniuk Slough. This task shall include incorporation of the City's preliminary dredging plan previously prepared together with appropriate specifications language to cover the Semeniuk Slough portion of dredging work into a final draft contract document that will be prepared by the U.S. Army Corps of Engineers. The task will conclude with a federally approved final draft of the construction contract documents that covers the joint Newport Slough/ Semeniuk Slough dredging work. These documents shall include the final dredging plans for Semeniuk Slough. 1.1.3. Coordinate with the Corps of Engineers' Environmental Branch to assure that they include the necessary regulatory entitlements for the additive Semeniuk Slough dredging work within the overall Lower Santa Ana River/ Newport Slough maintenance dredging project description. The culmination of this task will be a federally approved environmental assessment document that provides for the placement of material dredged from Newport/ Semeniuk Sloughs into the nearshore zone. 1.1.4. Provide specific consultation as requested to respond to unforeseen funding issues and technical requirements. The results of this task would address issues such as early notification of funding constraints and/or unfavorable dredging special conditions being proposed so that the City can formulate appropriate responses in a timely manner. 1.2 Sediment Detention Basin 1.2.1. We shall prepare a conceptual design of a detention basin within Newport Banning • Ranch to control sediment that emanates from the 16"` Street drainage basin. This task 0 0 W. Robert Stein, P.E. City of Newport Beach Proposal for Continuing Study — Semeniuk Slough Maintenance Dredging September 8, 2006 Page 3 of 6 shall consist of developing the hydraulic design criteria and the preliminary detention basin plan that may be considered to intercept sediment before it deposits within Semeniuk Slough. The deliverables for this task shall be a Basis of Design memorandum that summarizes the relevant design criteria, preliminary construction drawings consisting of a project plan and typical section, and a preliminary opinion of construction cost. The preliminary design shall be formulated using existing survey and hydrologic information for the study site that may be available from the City and County of Orange. 2.0 Fee and Schedule We proposed to complete that above scope of services on a time and expenses basis in accordance with our Standard Schedule of Charges for a not to exceed fee of $105,000. A breakdown of this fee estimate is provided on the attached spreadsheets. Our services shall be completed within twelve months of receipt of your written Notice to Proceed as shown on the attached schedule. We appreciate the opportunity to present this proposal for your consideration. We look forward to being of continued service on this important capital project. Should you have any questions regarding this submittal or need any additional information, please do not hesitate to contact us. Sincerely, Attachments: Fee Estimate Spreadsheet Study Schedule NCI Standard Schedule of Charges • • is E Mr- Robert Stein, P.E. City of Newport Beach ® Proposal for Continuing Study — Semeniuk Slough Maintenance Dredging September 8, 2006 Page 4 of 6 Fee Estimate Spreadsheet 0 Project: Semeniuk Slough Dredging Project . Amendment No. 3 Client: City of Newport Beach Date of Estimate: NOBLE (IN"iI rANTS. ,NG. 8- Sep -06 Pers6nne NCI Labor - Task SPE $260 PE $216 1 ,Eng J $154 CCESI 1 $125 - - - - Totals Hours Dollars 1.1.1 Final cooperative agreement 12 $2,592 1.1.2 Final Federal contract does 120 $25,920 1.1.3. Final Federal EA 5 _ $1,080 1.1.4. Additional consultation 2 $432 1.2.1. Conceptual sed det basin Design criteria 1 24 40 $11,344 Concept design 1 401 80 $20,960 Cost estimate 8 16 $3,728 Memorandum repo 24 24 $8,880 Sub - Totals 235 144 16 395 $74,93 e S La Paul and Associates Task 1,1.1 118 hrs $168/hr $19,824 Task 1.1.3 40 hrs @ $1681hr $6,720 Task 1.1.4. 20 hrs @ $1681hr $3,360 Total Subconsultants Handling Charge a Sub -total $29,904 e- Cadd Communications Courier Ex enses Reproduction Other Total Reimbursable Expenses lHandlinq Charge 0 Sub -total e _ $104,840 11 • Mr. Robert Stein, P.E. City of Newport Beach Proposal for Continuing Study — Semeniuk Slough Maintenance Dredging September 8, 2006 Page 5 of 6 Study Schedule for Amendment No. 3 E E 0 • SCHEDULE OF CHARGES City of Newport Beach June 2006 EXHIBIT B Labor* (per hour) Senior Principal, Engineer $260 Senior Survey Engineer $125 Principal Engineer 216 Staff Engineer III 122 Associate Engineer 178 Staff Engineer II 118 Senior Structural Engineer lI 164 Staff Engineer I 106 Senior Structural Engineer 1 154 Surveyor It 102 Senior Engineer II 164 Surveyor[ 90 Senior Engineer 154 Senior Construction Inspector 98 Structural Engineer 144 CADD Designer /Operator 98 Project Engineer 1I 136 Assistant Engineer 94 Project Engineer I 126 Construction Inspector 90 Construction Manager 132 Technician 78 Construction Cost Estimator 125' Word Processing / Clerical 70 * Depositions, mediations, arbitrations, and court appearance labor is two times the rate shown and billed in 1/2-day increments. Reimbursable Expenses" 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 Magnetometer 200 per day Tide Gage 75 per day Underwater Video System 125 per day Theodolite/Total Station 75 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 0.90 per mile Color Photocopy (l 1x17) 125 per page City of Newport Beach June 2006 EXHIBIT B 0 • LARRY PAUL AND ASSOCIATES • WATERSHED & COASTAL PROJECT DEVELOPMENT August 31, 2006 Mr. Jon Moore Noble Consultants, Inc, 2201 Dupont Drive, Ste 620 Irvine, Ca 92612 Hi Jon, This letter is to inform you that my billing rates are now $168.00 per hour. This rate will effective September 1, 2006. Very Truly Yours, Larry Paul • Larry Paul • 949.439.1455 larrypaula nclassoc.com 2967 Michelson Drive G244 Irvine, CA 92612 AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT WITH NOBLE CONSULTANTS, INC., FOR CONTINUING SEMENIUK SLOUGH STUDIES THIS AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT, entered into this ?I!�L day of 2005, by and between the CITY OF NEWPORT BEACH, a municilial corporation, (hereinafter referred to as "City ") and NOBLE CONSULTANTS, INC., a California corporation whose local address is 2201 Dupont Drive, Suite 620, Irvine, California, 92612 -7509, (hereinafter referred to as "Consultant"), is made with reference to the following: RECITALS A. City is investigating the feasibility of performing maintenance dredging within the Semeniuk Slough, a channel of the Santa Ana River at the western edge of the City of Newport Beach. The site is bordered by the Newport Shores residential development to the west, Coast Highway to the south, and Banning Ranch to the north and east. The Slough is predominately an open- water, salt -marsh estuary that connects to the Newport Slough to the west, that in turn connects to the Santa Ana River. B. On June 22, 2004, City and Consultant entered into a Professional Services Agreement under which Consultant was hired to prepare a Semeniuk Slough Study (hereinafter referred to as the "Agreement "). As part of the study, Consultant was to perform sediment sampling and testing within the eastern slough channel, and investigate the feasibility of inter- agency coordination of the proposed dredging project. City agreed to pay Consultant a not -to- exceed fee of $39,203.00 for these services. The work under this Agreement has been completed. C. In March, 2005, City and Consultant entered into Amendment No. 1 of the Agreement, under which City agreed to pay Consultant an additional $20,000.00 to perform further studies in connection with the proposed dredging project, including preparation of a conceptual plan that would meet the Army Corps of Engineers' criteria for an ecosystem restoration project (hereinafter referred to as "Amendment No. 1 "). This Amendment No. 1 also extended the term of the Agreement to December 31, 2006. D. City now desires.to enter into this Amendment No. 2 to reflect additional services not included in the Agreement or Amendment No. 1. Under this amendment, City would pay Consultant an additional $44,000.00 to perform the following tasks: (1) Develop a more specific federal- State- City cost - sharing proposal for the Semeniuk Slough dredging project and subsequent wetlands management project, and (2) perform a preliminary 0 0 review of the probable sources of sediment for purposes of assessing a cost -share formula for the project. E. City desires to compensate Consultant for these additional professional services needed for Project. F. City and Consultant mutually desire to amend Agreement, hereinafter referred to as "Amendment No. 2," as provided here below. NOW, THEREFORE, the parties hereto agree as follows: 1. Consultant shall perform the services as outlined in the Scope of Services dated August 26, 2005, attached hereto as Exhibit A. 2. City shall, pay Consultant for the services on a time and expense not -to- exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached to the Agreement as Exhibit B and incorporated herein by reference. Consultant's compensation for all work performed in accordance with this Amendment No. 2, including all reimbursable items and subconsultant fees,. shall not exceed Forty -Four Thousand and 00/100 Dollars ($44,000.00), without additional authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City. 3. Consultant has agreed to perform the services within six months of receipt of a Notice to Proceed. 4. Except as expressly modified herein, all other provisions, terms, and covenants set forth in Agreement shall remain unchanged and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 2 on the date first above written. APPROVED AS TO FORM: CITY OF NEWPORT BEACH, A A Municipal Corporation ``` C_G..`_ By: Aaron C. Harp, Ya r Assistant City Attorney foLMe City of Newport Beach for the City of Newport Beach 2 .. y ._ .. .... 0 ATTEST: MEMO itv Clerk ;NOBLE ZONSU NTS, INC.: (Corpora e O icer) Title: �i@E�SiDE.JD- Print Name: )e04WD /t-f, i(ldBLE By: (Financial Officer) Title: CFO p Print Name: Attachment: Exhibit A — Scope of Services f :\users\p6w\shared \agreements\fy 04.05\noble- semeniuk slough-amend -2.doc 0 0 NOBLE CONSULTANTS, INC. August 26, 2005 Mr. Robert Stein, P.E. City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92663 Exhibit A RE: Proposal for Continuing Professional Engineering Services Phase III Studies — Refinement of a Cooperative Maintenance Dredging and Management Plan for Semeniuk Slough and Adjacent Lower Santa Ana River Wetlands For the City of Newport Beach Dear Mr. Stein: Noble Consultants, Inc. (NCI) together with its subconsultant Larry Paul and Associates is pleased to present this Proposal for continuing studies connected with the proposed maintenance dredging of Semeniuk Slough and management of adjacent wetlands. Study tasks completed to date have addressed the scope of dredging requirements for the Slough and potential strategies for multi - agency involvement to perform the initial dredging work and subsequent wetlands management. These studies have thus far defined the dredging requirements and explored a range of potential funding mechanisms. This third phase of strategic alternatives development for Semeniuk Slough will focus on the recommended preferred option of combining the slough dredging with the Corps of Engineers' proposed dredging project identified for the adjacent Newport Slough. The Newport Slough is a federal responsibility and their preliminary planning work has been completed. Since the material primarily consists of non - contaminated sand, it is eligible for nearshore disposal in the vicinity of the Santa Ana River mouth. , Our previous investigations have determined that the joint Federal /State sediment master plan guidelines encourage the placement of beach quality sand onshore or nearshore to fulfill beach replenishment goals and objectives. In addition, the U.S. EPA has recently recommended that dredged material having sand content on the order of 60% or greater also be placed in the nearshore versus dumping at the LA -3 offshore sediment disposal site. These policies indicate that it may be possible to dispose of the finer grained Semuniuk Slough material in the nearshore zone if its sediment can be mixed with the more sandy quantity dredged from Newport Slough. Our informal discussions to date with staff from the Los Angeles District office of the Corps of Engineers has indicated that there may be a potential federal interest to combine the two dredging operations into a single cost - shared project. A joint project would result in multiple benefits including cost savings associated with a shared mobilization and cheaper disposal methodology. Other advantages for the City associated with a joint project would include the LJ NOVA1'0:359 RL'L :1LVUN KEYS BLVD.. SWIT 9. NOYA'IY).(A 94949 -5637 (415) 884 -0727 FAX (415) 884 -0735 :.I IRVINE: 2201 DUPONT DR..!NITE 620, IRVINE. CA 92612.7509 (949) 752 -1530 FAX (949) 752 -8381 L' SAN DIEGO: 9326 OAKSO6RNE RD.. SAN'rEE, CA 920' 1.2314 (619) 196.9510 FAX(619)448-2022 h¢p: //w .nnbleconsuitan(s.com 9 0 Mr. Robert Stein, P.E. City of Newport Beach Proposal for Continuing Study — Seneniuk Slough Maintenance Dredging August 26, 2005 Page 2 of 4 ease of obtaining permits under a federal umbrella, increased probability of attracting experienced dredging contractors to bid the work, and opportunities to share project management responsibilities. Federal funding for this dredging could be available from the Santa Ana River project that is currently earmarked for the lower Santa Ana River sand removal. The Newport Slough is considered part of the Federal Santa Ana River project. A joint project may result in dredging cost savings for the City of between 25% to 50 %. 1.0 Scope of Services Given the above background, our proposed services are intended to address the following items at this time: Develop a more specific federal/ state/ City dredging and maintenance project. 2. Make a preliminary review of the probable sources of sediment that has shoaled Semeniuk Slough for purposes of assessing a project cost share formula. These items are described in more detail in the following sections. 1.1. Project Development This portion of study will focus on pursuit of a favorable joint dredging and wetlands management project authorization. 1.1.1 Environmental issues We shall work with Corps Environmental Branch seek to determine the timing for initiating a Habitat Management plan that would encompass the Santa River Marsh and the Slough areas as a first step for a transition of ownership from Federal to a Local successor in interest. Research other state and federal resource and regulatory agency concerns. The intent for this component is to determine the environmental viability for a project. 1.1.2 Funding Sources We shall develop a federal funding source for the dredging project by seeking a more defined commitment from the Corps for the Newport/Semenuik slough dredging. Our study tasks will include research with Division and District policy chiefs to develop consensus for the project. Funding for the city share of the project will be in coordination with the findings of the technical work of this'proposal to determine the sediment sources that are deposited in the Semeniuk slough. Sources from the Banning Ranch property and the Newport Slough will be analyzed to determine if these sources present an identifiable contribution to the Semeniuk Slough and therefore increase the potential for additional outside funding (see Task 1.2 Scope of Services). 0 0 Mr. Robert Stein, P.E. City of Newport Beach Proposal for Continuing Study — Seneniuk Slough Maintenance Dredging August 26, 2005 Page 3 of 4 1.1.3 Local Participation Local Homeowners have expressed a great deal of enthusiasm for the project and can be a viable partner in promoting a consensus building force for project development and the possibility for supporting a long term local ownership and maintenance of the Marsh and slough areas. We shall provide for assistance and coordination with the local groups to present a unified consensus of how the project and subsequent operational responsibilities will be formulated. 1. 1.4 Local Conservancy We shall identify the potential for an existing Non - Governmental organization's role as the candidate organization to assume the maintenance and operations of the Lower Santa Ana River Marsh and slough area. We shall also identify other organizational structures that could be developed for the management of the area. The Corps is desirous of turning over the obligations of this area to a local conservancy and reducing their federal maintenance funding obligations: As an inducement, the Corps will provide a large financial annuity. The scope in this stage of the proposal will seek determine the actual amount of the annuity and the process for obtaining a firm commitment for the annuity. 1.2 Sediment Source Study The shoaling history of the Semeniuk Slough suggests that the deposition that has occurred there may be attributable to one or a number of possible sources. The potential sediment sources may include suspended sediment infiltration from the Santa Ana River, transport of resuspended sediments from other areas within the Lower Santa Ana River wetlands channels, and storm water runoff from adjacent uplands. Ideally, if one can determine the percentage contribution from each of these sources, more rational formulas for project cost sharing can be proposed. A determination of this nature often required long term study and field measurements during times of significant runoff. Given the short time frame and limited scope of this study, we shall focus on a preliminary effort based upon examination of in place sediment. Rather than measure runoff and sediment infiltration as it occurs, we propose to make an assessment by reviewing patterns and characteristics of the existing sediments to see if tell tale indicators can be found that would point to particular source(s). 1.2.1. Sediment Sampling We shall collect a limited number of grab samples of sediments within the Newport and Semeniuk Slough channels and from adjacent uplands areas that are accessible to us. The purpose of this one -day sampling effort shall be to provide the necessary material for subsequent laboratory analysis. 0 0 Mr. Robert Stein, P.E. City orNewport Beach ProP(Jsal rar Continuing Study — Senmiuk Slough Maintenance Dredging Aug= 26, 2005 Page )F4 1.22. laboratory Testing and Analysis The collected sediment samples will be tested for grain size distribution. Additional, petrographic analysis shall be conducted to determine if unique mineral content or other tell tale physical indicators can be found that might point to probable sediment source. 1.,23. Engineering Analysis We shall review stonn water runoff and storm drain data, information, and records provided by City staff to review the potential for upland runoff contribution. Based upon this analysis and the results of Tasks 1.2.1 and 1.2.2 we shall render a preliminary opinion of findings.. Our deliverable shall consist of a written memorandum report to City staff that summarizes our findings and recommendations for the above scope of services. 2.0 Fee and Schedule We proposed to complete that above scope of services for $44,000. Our services shall be completed within six months of receipt of your written Notice to proceed_ We appreciate the opportunity to present this proposal for your consideration. We look forward to being of continued service on this important capital project Should you have any questions regarding this submittal or need any additional information, please do not hesitate to contact us. Sincerely, C. C32 /to -a r-) C - 3�s�o CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 9 September 27, 2005 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Robert Stein, Principal Engineer 949 - 644 -3311 rstein@city.newport-beach.ca.us SUBJECT: SEMENIUK SLOUGH MAINTENANCE DREDG a... 27 STUDY — AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT WITH NOBEL CONSULTANTS, INC. RECOMMENDATIONS: 1. Approve Amendment No. 2 to Professional Services Agreement with Noble Consultants, Inc., (Noble) of Irvine, California, to develop a more specific federal /state /City dredging project for Semeniuk Slough at a contract price of $44,000 and authorize the Mayor and City Clerk to execute the Amendment. 2. Approve a Budget Amendment appropriating $44,000 from General Fund 7014- 05100805 (Morning Canyon Stabilization Project) into Account No. 7231- C5100719 (Tide and Submerged Land). DISCUSSION: Noble has previously completed studies to address dredging requirements for the Semeniuk Slough and potential strategies for multi- agency involvement to perform the dredging work and subsequent wetlands management. Informal discussions between Noble and staff from the Los Angeles District office of the Corps of Engineers (Corps) have indicated that.there may be a potential federal interest to combining the Corps' Newport Slough dredging project with the City's Semeniuk Slough dredging project. A joint project would result in multiple benefits including cost savings of 25 to 50 percent associated with shared mobilization and cheaper disposal methods, ease of obtaining permits under a federal umbrella, increased probability of attracting experienced dredging contractors to bid the work, and opportunities to share project management responsibilities. Under this agreement, Noble would: 1. Develop a more specific federal /state /City dredging and maintenance project, and SUBJECT: Semineniuk Slough —�val of Amendment No. 2 to Professional Services ant with Nobel Consultants, Inc, September 27, 2005 Page 2 2. Perform a preliminary review of the probable sources of sediment that has shoaled Semeniuk Slough for purposes of assessing a project cost share formula. Under Task 1, Noble would work with the Corps' Environmental Branch to determine the timing for initiating a Habitat Management plan that would encompass the Lower Santa River Marsh and slough areas as a first step toward transitioning ownership from Federal to a Local successor and explore the potential for an existing Non- Governmental organization to assume the maintenance and operation of the habitat area. Environmental Review: No environmental review is needed during this feasibility review. Public Notice: Staff is communicating on a regular basis with the Newport Shores Homeowner's Association. Funding Availabilitv: Staff is proposing that this work be funded with a portion of the remaining fund balance from the Morning Canyon Stabilization project which was recently awarded and fully funded at this time. Upon approval of the recommended Budget Amendment, sufficient funds are available in the following accounts for the project: Account Descrption General Fund Prepared by: Robert Stein Special Projects Engineer Attachments: Amendment No. 2 Exhibit Account Number Amount 7014- C5100805 $44,000.00 Total: $44,000.00 Submitted b ephen G. Badum Public Works Director 0 11 0 AMENDMENT NO.2 TO PROFESSIONAL SERVICES AGREEMENT WITH NOBLE CONSULTANTS, INC., FOR CONTINUING SEMENIUK SLOUGH STUDIES THIS AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT, entered into this day of , 2005, by and between the CITY OF NEWPORT BEACH, a municipal corporation, (hereinafter referred to as "City ") and NOBLE CONSULTANTS, INC., a California corporation whose local address is 2201 Dupont Drive, Suite 620, Irvine, California, 92612 -7509, (hereinafter referred to as "Consultant "), is made with reference to the following: RECITALS A. City is investigating the feasibility of performing maintenance dredging within the Semeniuk Slough, a channel of the Santa Ana River at the western edge of the City of Newport Beach. The site is bordered by the Newport Shores residential development to the west, Coast Highway to the south, and Banning Ranch to the north and east. The Slough is predominately an open- water, salt -marsh estuary that connects to the Newport Slough to the west, that in turn connects to the Santa Ana River. B. On June 22, 2004, City and Consultant entered into a Professional Services Agreement under which Consultant was hired to prepare a Semeniuk Slough Study (hereinafter referred to as the "Agreement"). As part of the study, Consultant was to perform sediment sampling and testing within the eastern slough channel, and investigate the feasibility of inter - agency coordination of the proposed dredging project. City agreed to pay Consultant a not -to- exceed fee of $39,203.00 for these services. The work under this Agreement has been completed. C. In March, 2005, City and Consultant entered into Amendment No. 1 of the Agreement, under which City agreed to pay Consultant an additional $20,000.00 to perform further studies in connection with the proposed dredging project, including preparation of a conceptual plan that would meet the Army Corps of Engineers' criteria for an ecosystem restoration project (hereinafter referred to as "Amendment No. 1 "). This Amendment No. 1 also extended the term of the Agreement to December 31, 2006. D. City now desires to enter into this Amendment No. 2 to reflect additional services not included in the Agreement or Amendment No. 1. Under this amendment, City would pay Consultant an additional $44,000.00 to perform the following tasks: (1) Develop a more specific federal- State- City cost- sharing proposal for the Semeniuk Slough dredging project and subsequent wetlands management project, and (2) perform a preliminary 0 review of the probable sources of sediment for purposes of assessing a cost -share formula for the project. E. City desires to compensate Consultant for these additional professional services needed for Project. F. City and Consultant mutually desire to amend Agreement, hereinafter referred to as "Amendment No. 2," as provided here below. NOW, THEREFORE, the parties hereto agree as follows: Consultant shall perform the services as outlined in the Scope of Services dated August 26, 2005, attached hereto as Exhibit A. 2. City shall pay Consultant for the services on a time and expense not -to- exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached to the Agreement as Exhibit B and incorporated herein by reference. Consultant's compensation for all work performed in accordance with this Amendment No. 2, including all reimbursable items and subconsultant fees, shall not exceed Forty-Four Thousand and 001100 Dollars ($44,000.00), without additional authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City. 3. Consultant has agreed to perform the services within six months of receipt of a Notice to Proceed. 4. Except as expressly modified herein, all other provisions, terms, and covenants set forth in Agreement shall remain unchanged and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 2 on the date first above written. APPROVED AS TO FORM: Aaron C. Harp, Assistant City Attorney for the City of Newport Beach CITY OF NEWPORT BEACH, A Municipal Corporation 0 Mayor for the City of Newport Beach E L.J 0 0 ATTEST: By. LaVonne Harkless, City Clerk 0 NOBLE CONSULTANTS, INC.: M (Corporate Officer) Title: Print Name: By: (Financial Officer) Title: Print Name: Attachment: Exhibit A — Scope of Services f: lusers%pbvAshared%agreementslfy 04- 0ftoble- semeniuk sloughamend-2.doc 0 NOBLE CONSULTANTS, ]NC. August 26, 2005 Mr. Robert Stein, P.E. City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92663 Exhibit A RE: Proposal for Continuing Professional Engineering Services Phase III Studies — Refinement of a Cooperative Maintenance Dredging and Management Plan for Semeniuk Slough and Adjacent Lower Santa Ana River Wetlands For the City of Newport Beach Dear Mr. Stein: Noble Consultants, Inc. (NCI) together with its subconsultant Larry Paul and Associates is pleased to present this Proposal for continuing studies connected with the proposed maintenance dredging of Semeniuk Slough and management of adjacent wetlands. Study tasks completed to date have addressed the scope of dredging requirements for the Slough and potential strategies for multi- agency involvement to perform the initial dredging work and subsequent wetlands management. These studies have thus far defined the dredging requirements and explored a range of potential funding mechanisms. This third phase of strategic alternatives development for Semeniuk Slough will focus on the recommended preferred option of combining the slough dredging with the Corps of Engineers' proposed dredging project identified for the adjacent Newport Slough. The Newport Slough is a federal responsibility and their preliminary planning work has been completed. Since the material primarily consists of non - contaminated sand, it is eligible for nearshore disposal in the vicinity of the Santa Ana River mouth. Our previous investigations have determined that the joint Federal/State sediment master plan guidelines encourage the placement of beach quality sand onshore or nearshore to fulfill beach replenishment goals and objectives. In addition, the U.S. EPA has recently recommended that dredged material having sand content on the order of 60% or greater also be placed in the nearshore versus dumping at the LA -3 offshore sediment disposal site. These policies indicate that it may be possible to dispose of the finer grained Semuniuk Slough material in the nearshore zone if its sediment can be mixed with the more sandy quantity dredged from Newport Slough. Our informal discussions to date with staff from the Los Angeles District office of the Corps of Engineers has indicated that there may be a potential federal interest to combine the two dredging operations into a single cost - shared project. A joint project would result in multiple benefits including cost savings associated with a shared mobilization and cheaper disposal methodology. Other advantages for the City associated with a joint project would include the U NOVATO: 359 8L1 MARIN KEYS ll1.VV.. ShrM 9. NOVA7Y). (:A 94949 -56.47 (415)OW-07P I'AX (415) 884 -0715 :.IIRVINE: 2201 DUPONT 0R..5LITE620.IRVINr(CA 92(12,7509 (949)7524530 FAX(949)752 -8381 LJ SAN DIEGO:9326 OAKWUHNE RD.. SANTEE, CA 921171.2314 (619) 596.951(1 FAX(6f9)448-2G22 http://wuw.nnhleconSultantS.COm r� L� W. Robert Stein, P.E. City o Newport Beach Proposal for Continuing Study — Seneniuk Slough Maintenance Dredging August 26, 2005 Page 2 of 4 ease of obtaining permits under a federal umbrella, increased probability of attracting experienced dredging contractors to bid the work, and opportunities to share project management responsibilities. Federal funding for this dredging could be available from the Santa Ana River project that is currently earmarked for the lower Santa Ana River sand removal. The Newport Slough is considered part of the Federal Santa Ana River project. A joint project may result in dredging cost savings for the City of between 25% to 50%. 1.0 Scone of Services Given the above background, our proposed services are intended to address the following items at this time: Develop a more specific federal/ state/ City dredging and maintenance project 2. Make a preliminary review of the probable sources of sediment that has shoaled Semeniuk Slough for purposes of assessing a project cost share formula. These items are described in more detail in the following sections. I.I. Project Development This portion of study will focus on pursuit of a favorable joint dredging and wetlands management project authorization. 1.1.1 Environmental issues We shall work with Corps Environmental Branch seek to determine the timing for initiating a Habitat Management plan that would encompass the Santa River Marsh and the Slough areas as a first step for a transition of ownership from Federal to a Local successor in interest. Research other state and federal resource and regulatory agency concerns. The intent for this component is to determine the environmental viability for a project. 1.1.2 Funding Sources We shall develop a federal funding source for the dredging project by seeking a more defined commitment from the Corps for the Newport/Semenuik slough dredging. Our study tasks will include research with Division and District policy chiefs to develop consensus for the project. Funding for the city share of the project will be in coordination with the findings of the technical work of this proposal to determine the sediment sources that are deposited in the Semeniuk slough. Sources from the Banning Ranch property and the Newport Slough will be analyzed to determine if these sources present an identifiable contribution to the Semeniuk Slough and therefore increase the potential for • additional outside funding (see Task 1.2 Scope of Services). • 0 W. Robert Stein, P.B. City of Newport Beach Proposal for Continuing Study — Seneniuk Slough Maintenance Dredging August 26, 2005 Page 3 of 4 1.1.3 Local Participation Local Homeowners have expressed a great deal of enthusiasm for the project and can be a viable partner in promoting a consensus building force for project development and the possibility for supporting a long term local ownership and maintenance of the Marsh and slough areas. We shall provide for assistance and coordination with the local groups to present a unified consensus of how the project and subsequent operational responsibilities will be formulated. 1. 1.4 Local Conservancy We shall identify the potential for an existing Non - Governmental organization's role as the candidate organization to assume the maintenance and operations of the Lower Santa Ana River Marsh and slough area. We shall also identify other organizational structures that could be developed for the management of the area. The Corps is desirous of turning over the obligations of this area to a local conservancy and reducing their federal, maintenance funding obligations. As an inducement, the Corps will provide a large financial annuity. The scope in this stage of the proposal will seek determine the actual amount of the annuity and the process for obtaining a firm commitment for the annuity. 1.2 Sediment Source Study The shoaling history of the Semeniuk Slough suggests that the deposition that has occurred there may be attributable to one or a number of possible sources. The potential sediment sources may include suspended sediment infiltration from the Santa Ana River, transport of resuspended sediments from other areas within the Lower Santa Ana River wetlands channels, and storm water runoff from adjacent uplands. Ideally, if one can determine the percentage contribution from each of these sources, more rational formulas for project cast sharing can be proposed. A determination of this nature often required long term study and field measurements during times of significant runoff. Given the short time frame and limited scope of this study, we shall focus on a preliminary effort based upon examination of in place sediment. Rather than measure runoff and sediment infiltration as it occurs, we propose to make an assessment by reviewing patterns and characteristics of the existing sediments to see if tell tale indicators can be found that would point to particular source(s). 1.2.1. Sediment Sampling We shall collect a limited number of grab samples of sediments within the Newport and Semeniuk Slough channels and from adjacent uplands areas that are accessible to us. The purpose of this one -day sampling effort shall be to provide the necessary material for subsequent laboratory analysis. 40 Mr. Robert Stein, P.E. City of Newport Beach Proposal for Continuing Study — Seneniuk Slough Maintenance Dredging August 26, 2005 Page 4 of 4 1.2.2. Laboratory Testing and Analysis The collected sediment samples will be tested for grain size distribution. Additional, petrographic analysis shall be conducted to determine if unique mineral content or other tell tale physical indicators can be. found that might point to probable sediment source. 1.2.3. Engineering Analysis We shall review storm water runoff and storm drain data, information, and records provided by City staff to review the potential for upland runoff contribution. Based upon this analysis and the results of Tasks 12.1 and 1.2.2 we shall render a preliminary opinion of findings. Our deliverable shall consist of a written memorandum report to City staff that summarizes our findings and recommendations for the above scope of services. 2.0 Fee and Schedule We proposed to complete that above scope of services for a lump sum fee of $44,000. Our services shall be completed within six months of receipt of your written Notice to Proceed. We appreciate the opportunity to present this proposal for your consideration. We look forward to being of continued service on this important capital project. Should you have any questions regarding this submittal or need any additional information, please do not hesitate to contact us. Sincerely, 1 A F OB LE ULTANTS, INC. August 26, 2005 Mr. Robert Stein, P.E. City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92663 0 Exhibit A RE: Proposal for Continuing Professional Engineering Services Phase III Studies — Refinement of a Cooperative Maintenance Dredging and Management Plan for Semeniuk Slough and Adjacent Lower Santa Ana River Wetlands For the City of Newport Beach Dear W. Stein: Noble Consultants, Inc. (NCI) together with its subconsultant Larry Paul and Associates is pleased to present this Proposal for continuing studies connected with the proposed maintenance dredging of Semeniuk Slough and management of adjacent wetlands. Study tasks completed to date have addressed the scope of dredging requirements for the Slough and potential strategies for multi- agency involvement to perform the initial dredging work and subsequent wetlands management. These studies have thus far defined the dredging requirements and explored a range of potential funding mechanisms. This third phase of strategic alternatives development for Semeniuk Slough will focus on the recommended preferred option of combining the slough dredging with the Corps of Engineers' proposed dredging project identified for the adjacent Newport Slough. The Newport Slough is a federal responsibility and their preliminary planning work has been completed. Since the material primarily consists of non - contaminated sand, it is eligible for nearshore disposal in the vicinity of the Santa Ana River mouth. Our previous investigations have determined that the joint Federal /State sediment master plan guidelines encourage the placement of beach quality sand onshore or nearshore to fulfill beach replenishment goals and objectives. In addition, the U.S. EPA has recently recommended that dredged material having sand content on the order of 60% or greater also be placed in the nearshore versus dumping at the LA -3 offshore sediment disposal site. These policies indicate that it may be possible to dispose of the finer grained Semuniuk Slough material in the nearshore zone if its sediment can be mixed with the more sandy quantity dredged from Newport Slough. Our informal discussions to date with staff from the Los Angeles District office of the Corps of Engineers has indicated that there may be a potential federal interest to combine the two dredging operations into a single cost -shared project. A joint project would result in multiple benefits including cost savings associated with a shared mobilization and cheaper disposal methodology. Other advantages for the City associated with a joint project would include the U NOVATO: 359 BEL NAR1N KEYS BLVD -SUITE 9.N0VKIY). (:194949 -56.47 (415) 884-1)727 FAX(415)884-M45 :.IIRVINE: 2201 DUPONT DR..StlrrE 620. IRVINE.(:A 92612 -7509 (949)752-1531) FAX(949)752 -8381 Li SAN DIEGO:9326 OAKBOI ;RNE RD.. SANTEE, (:A 92071 -2314 (619) 596 -9510 FAX (619) 448.2022 bttp: //w ..noblcco"ultants.com 0 • i Mr. Robert Stein, P.E. City of Newport Beach Proposal for Continuing Study — Seneniuk Slough Maintenance Dredging August 26, 2005 Page 2 of 4 ease of obtaining permits under a federal umbrella, increased probability of attracting experienced dredging contractors to bid the work, and opportunities to share project management responsibilities. Federal funding for this dredging could be available from the Santa Ana River project that is currently earmarked for the lower Santa Ana River sand removal. The Newport Slough is considered part of the Federal Santa Ana River project. A joint project may result in dredging cost savings for the City of between 25% to 50 %. 1.0 Scope of Services Given the above background, our proposed services are intended to address the following items at this time: Develop a more specific federal/ state/ City dredging and maintenance project. 2. Make a preliminary review of the probable sources of sediment that has shoaled Semeniuk Slough for purposes of assessing a project cost share formula. These items are described in more detail in the following sections. 1.1. Project Development This portion of study will focus on pursuit of a favorable joint dredging and wetlands management project authorization. 1.1.1 Environmental issues We shall work with Corps Environmental Branch seek to determine the timing for initiating a Habitat Management plan that would encompass the Santa. River Marsh and the Slough areas as a first step for a transition of ownership from Federal to a Local successor in interest. Research other state and federal resource and regulatory agency concerns. The intent for this component is to determine the environmental viability for a project. 1.1.2 Funding Sources We shall develop a federal funding source for the dredging project by seeking a more defined commitment from the Corps for the Newport/Semenuik slough dredging. Our study tasks will include research with Division and District policy chiefs to develop consensus for the project. Funding for the city share of the project will be in coordination with the findings of the technical work of this proposal to determine the sediment sources that are deposited in the Semeniuk slough. Sources from the Banning Ranch property and the Newport Slough will be analyzed to determine if these sources present an identifiable contribution to the Semeniuk Slough and therefore increase the potential for additional outside funding (see Task 1.2 Scope of Services). i • W. Robert Stein, P.E. City of Newport Heath Proposal for Continuing Study — Seneniuk Slough Maintenance Dredging August 26, 2005 Page 3 of 4 1.1.3 Local Participation Local Homeowners have expressed a great deal of enthusiasm for the project and can be a viable partner in promoting a consensus building force for project development and the possibility for supporting a long term local ownership and maintenance of the Marsh and slough areas. We shall provide for assistance and coordination with the local groups to present a unified consensus of how the project and subsequent operational responsibilities will be formulated. 1.1.4 Local Conservancy We shall identify the potential for an existing Non - Governmental organization's role as the candidate organization to assume the maintenance and operations of the Lower Santa Ana River Marsh and slough area. We shall also identify other organizational structures that could be developed for the management of the area. The Corps is desirous of turning over the obligations of this area to a local conservancy and reducing their federal maintenance funding obligations. As an inducement, the Corps will provide a large financial annuity. The scope in this stage of the proposal will seek determine the actual amount of the annuity and the process for obtaining a firm commitment for the annuity. 1.2 Sediment Source Study The shoaling history of the Semeniuk Slough suggests that the deposition that has occurred there may be attributable to one or a number of possible sources. The potential sediment sources may include suspended sediment infiltration from the Santa Ana River, transport of resuspended sediments from other areas within the Lower Santa Ana River wetlands channels, and storm water runoff from adjacent uplands. Ideally, if one can determine the percentage contribution from each of these sources, more rational formulas for project cost sharing can be proposed. A determination of this nature often required long term study and field measurements during times of significant runoff. Given the short time frame and limited scope of this study, we shall focus on a preliminary effort based upon examination of in place sediment. Rather than measure runoff and sediment infiltration as it occurs, we propose to make an assessment by reviewing patterns and characteristics of the existing sediments to see if tell tale indicators can be found that would point to particular source(s). 1.2.1. Sediment Sampling We shall collect a limited number of grab samples of sediments within the Newport and Semeniuk Slough channels and from adjacent uplands areas that are accessible to us. The purpose of this one -day sampling effort shall be to provide the necessary material for subsequent laboratory analysis. 0 Mr. Robert Stein, PR City of Newport Beach Proposal for Continuing Study — Seneniuk Slough Maintenance Dredging August 26, 2005 Page 4 of 4 1.2.2. Laboratory Testing and Analysis The collected sediment samples will be tested for grain size distribution. Additional, petrographic analysis shall be conducted to determine if unique mineral content or other tell tale physical indicators can be found that might point to probable sediment source. 1.2.3. Engineering Analysis We shall review storm water runoff and storm drain data, information, and records provided by City staff to review the potential for upland runoff contribution. Based upon this analysis and the results of Tasks 1.2.1 and 1.2.2 we shall render a preliminary opinion of findings. Our deliverable shall consist of a written memorandum report to City staff that summarizes our findings and recommendations for the above scope of services. 2.0 Fee and Schedule We proposed to complete that above scope of services for a lump sum fee of $44,000. Our services shall be completed within six months of receipt of your written Notice to Proceed. We appreciate the opportunity to present this proposal for your consideration. We look forward to being of continued service on this important capital project. Should you have any questions regarding this submittal or need any additional information, please do not hesitate to contact us. Sincerely, fty of Newport Beach NO. BA- 06BA -01Y BUDGET AMENDMENT 2005 -06 AMOUNT: $aa,000.00 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates Increase in Budgetary Fund. Balance Increase Expenditure Appropriations AND Decrease in Budgetary Fund Balance IIX Transfer Budget Appropriations X No effect on Budgetary Fund Balance SOURCE: from existing budget appropriations from additional estimated revenues from unappropriated fund balance EXPLANATION: This budget amendment is requested to provide for the following: To transfer budget appropriations from Morning Canyon Stabilization Project to Semeniuk Slough Dredging Feasibility ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account REVENUE ESTIMATES (360f) Fund /Division Account EXPENDITURE APPROPRIATIONS (3603) Description Description Amount Debit Credit $44,000.00 $44,000.00 Division Number Account Number Automatic System Entry, Signed: Financial Approval: Administra a Services Director Date Signed: - rii..✓ !v. Administrative Approval: City Manager Dad Signed: City Council Approval: City Clerk Date Description Division Number 7014 General Fund - Misc & Studies Account Number C5100805 Morning Canyon Stabilization Division Number 7231 Tidelands - Capital Account Number C5100719 Semeniuk Slough Eng Study Division Number Account Number Division Number Account Number Amount Debit Credit $44,000.00 $44,000.00 Division Number Account Number Automatic System Entry, Signed: Financial Approval: Administra a Services Director Date Signed: - rii..✓ !v. Administrative Approval: City Manager Dad Signed: City Council Approval: City Clerk Date C,30(( AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH NOBLE FOR SEMENIUK SLOUGH THIS AMENDMENT NO. 1 T� PRA gFESSIONAL SERVICES AGREEMENT, entered into this C& day of 20 by and between the CITY OF NEWPORT BEACH, a municipal corporation, (hereinafter referred to as "City ") and NOBLE CONSULTANTS, INC., whose address is 2201 DuPont Drive, Suite 620, Irvine, California, 92612 -7509, (hereinafter referred to as "Consultant"), is made with reference to the following: RECITALS A. On June 22, 2004, CITY and CONSULTANT entered into a Professional Services Agreement, hereinafter referred to as "Agreement ", to investigate the feasibility of interagency project coordination with the Corps of Engineers for dredging Semeniuk Slough, hereinafter referred to as "Project ". This Agreement is scheduled to expire on December 31, 2005. B. City desires to enter into this Amendment No. 1to reflect additional services not included in the Agreement or prior Amendments and to extend the term of the Agreement to December 31, 2006. C. City desires to compensate Consultant for additional professional services needed for Project. D. City and Consultant mutually desire to amend Agreement, hereinafter referred to as "Amendment No. 1 ", as provided here below. NOW, THEREFORE, the parties hereto agree as follows: Consultant shall be compensated for services performed pursuant to this Amendment No. 1 according to "Exhibit X dated February 17, 2005 attached hereto. 2. Total additional compensation to Consultant for services performed pursuant to this Amendment No. 1 for all work performed in accordance with this Amendment, including all reimburseable items and subconsultant fees, shall not exceed Twenty Thousand Dollars ($20,000). 3. The term of the Agreement shall be extended to December 31, 2006. 4. Except as expressly modified herein, all other provisions, terms, and covenants set forth in Agreement shall remain unchanged and shall be in full force and effect. 0 0 IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 on the date first above written. APPRQVED AS TO FORM: 91"'l— Robin Clauson, City Attorney for the City of Newport Beach ATTEST: LaVonne Harkless, City Clerk Attachment: Exhibit A President f: luserslpbwlsharedlagreementslfy 04- 0ftoble- semenluk slough - amend -1.doc = NOBLE CO NSOLTANTS, INC. 0 0 PROJECT MEMORANDUM 2201 DUPONT DRIVE, SUITE 620, IRVINE, CA 92612 (949) 752 -1530 FACSIMILE (949)752-8381 City of Newport Beach Semeniuk Slough Preliminary Engineering Study Job Number 782 -05 To: Robert Stein From: Jon Moore/ Larry Paul Date: February 17, 2005 RE: Implementation of Capital Improvement Project Cc: File I:.. This memorandum summarizes our estimate of planning and engineering fees to take the Semeniuk Slough dredging project to the next level. As stated in our report, the most promising plan for the City involves inclusion of the Semeniuk Slough maintenance within a broader scoped project purpose of ecosystem restoration. Because of the challenges and uncertainties associated with this innovative strategy, the following study will be required to validate the concept and position the City to obtain federal and state sponsorship. FY 2004/2005 — Allocate $20,000 for the following tasks: 1.. Further develop Newport Slough/Semeniuk Slough combined project scope with the Corps of Engineers to include the initiation of a Federal ecosystem restoration project. Investigate the cost sharing potential and grant opportunities for the local share. 2. Research the potential for nearshore disposal of dredge fill material. Research the linkage of nearshore disposal with the policy guidelines of the Federal/ State Sediment Master Plan. 3. Determine the resource /regulatory/stakeholder interests and concerns for such a project. 03/15/2005 13:50 4158840735 NOBLE CONSULTANTS NO JUt7rGa"LUU4 Jut ua ;u5 fln Y I TLE & A= FAX M0, 650 3971 PAGE 01 P. Ol CERTIFICATE OF LIABILITY INSURANCE FROMACK V. A. WLttls lZsuranes a Tinauaial 8ervicea 1890 W. shovalLua Blvd., tad T THIS ClkTWCATA R 1$8685 AS A MATTER OF WFORMATRON ONLY , WO CONFERS Nb RIGHTS UPOH TIM CERMWATE HOLDmTwAmRTIFICATE00BS NOT AM5t1Q .EXfENDOR ALTUR EOWERIUMARKOM BYTMP01JlM*MAW mountain View CA 94043 F:x.ICY NI9AAOR PboA0:6s0 -85B -2120 Fame660- 866 -ss71 a83UNERBAFFQR90Q 01MRA611 Nme AIAkINE9 YEA: A-.cScm maraERS Stu. ao�vAm ,er. noes N3111 WrA AQpRlVal iAa lren0a Iffg g♦�Consfitagntts �• • 89 CA 94:144 WSPIORM IMF: iiavta -'337 AWF%O1M 9 ,TOWC6Ltsrl MOFAWPOW Ea ROMIR DITWITOAEW PORIIIEPt T 3CMMFAT1Mh,t+D�YtOTVOR+a#+D ANYRfq#WBEiR', 3[NIORC911DI1WN OP AMYGOMiFGWTORaRIlROOCWOTtYWITk iTTO WMGITEACEPmPICATE NAY 9! IBGU(RaR NAY PERT,WRY,er�RANWl aFFmm®f YYTICEPOtSAE4DHEf6dN 168U6atY row_ means.oecluawsumea+enwr:sa+wrr+ ►OIIfA�aAiBl1MY:YIWWN WYfaVEfSE1t1EflUCFaOY(M100LAAe LrR +City of ffimepart Beach Aebl c Warka pepartwout WnYMPOCOR.7IEE{WIOM9 RaA�W= 36 al1YYWRITT Marnem„acens Ttt*sno,ruucaTORtctaFT,�r M�slMs F:x.ICY NI9AAOR LIMf9 aavost Heath CA 9Z683-007.5 A7M ,may Staves sawn 16M7+OCL1R8>ANtk S NWffiiGAL4W9WLUA0 rfY OLAPA9 WE& M =cm m5n ew gane 1 S PER$ONALAAWINMRY 5 (;CMI9tALA6lQ1E0ATG a ORMtAOGF*QIMUWAPPLIEAPpr PROMM-COWbPAW s Imaymm Loc A AurouDINB u0sury AWAWO aDa SHEDS Y6l"Wr i 1, OD0, 000 0X$0071762 04/17/04 04/17105 re' -d*t ALLOAMWAUTOR 30HEIWMAUM AtORY MAUaY s M mRWAUTOO XW WHWAUT09 _____ — Dme pages . Post -itm Fax Nate 7671 Fmm3 . 10 CODp CO . ORRAWWAAL0Y ANAUM PhenB Phone # `� IN6AITY DO&LIR rI ONO¢ aA06 Fax FIV # # VIDUCTTRUE 9 B B WoWfH6 TAIPRW�T'NN ANP 80399704 VoLos i9L=080396704 01/01/04 01107./04 .01/01/06 01 101 /05 7S V,64K+AMIDW 11 000,000 T1OaGA9E.EA a 000,000 EL O&AW- PaLIOYL#AT A1.000, a00 oMa. C arMSI vaors 8 OmToission A03PL17392 04/3$104 0412.0015 sacb cam 83,D00108 cov.Clma-7bd♦ ?or:< 7)YDc 10 000 TJL 93,01-8 _ 00 oP r Tg1MlV0W%AEer RYEImOR9RAfB1:t WE The City at Newport bmscaa, it.0 03eOted or appointed arliC♦rs, o1£iciaLS. OW10yeee, oggata and volunteers are prL*Ary /aGaition03 iueoreds no respects Ante Liabiliby arising eat of Work performed by or on beba7.9 of the Coug"taut. Waiver of aubragatiou applies to auto a Workers, Cotes. •10 4eys uetice far ooapaymant of prauium - — - DTRIF80AT 3ROLWAW OF THE ABOVED929AMOD FOUWq RECARCC4t8e BEFORE TM mmwA +City of ffimepart Beach Aebl c Warka pepartwout WnYMPOCOR.7IEE{WIOM9 RaA�W= 36 al1YYWRITT Marnem„acens Ttt*sno,ruucaTORtctaFT,�r M�slMs Attu. shausa Oyler 71300 Newport Blvd aavost Heath CA 9Z683-007.5 A7M Staves sawn 03115/.2005 13:50 4158840735 NOBLE CONSULTANTS NO 4u„- co —cuv4 t ut Utf; vb fm r�THTLE & AM FAX N0. 65 3971 PMCYNUMKR OXEM70 OMWERCIAt. AUTO CA 71351299 TIM SWO1tMW CRAM "fi POUCY, KIM READ Fr WOuuY. TINSMdo twaMmstrM=MpVVWodm diwew dmhW BUSINE35 AUTO COMME FOW GARAGE COVERAGE FM MDT0RCAEiIW00VER aFM TRUCKERS COVERAGE FON iAfdt reapnrAte average Pmvidmd bythlo adnoK ft pmvi m dr1w Como Fmm ap* ultrA maw by ft wo"noid. 17, 20Ek IN611RS1 COUt>rE�G10'_t# 6Y: Noble Caawtla &Inc { !1 Au9 mxedl &Wdm0y_'r7t`, I tr Tho WdompoomAisnPodtdorwoAdadai>1tim OWWASvmkwdtobow 2,100 AAi&Wd WvA NawgwrtB"O CA 92666.90!6 id n06n1y wpm mue, m magm i>' qww to oxwo Oda en mmem,M be snnwat [n Ow Gedwamw a; appkatao to twa oft mem.) CA 71 3512 93 PAGE 02 P. 02 A. Und L AWN COVERAGE WHO MAN WOURM to ftlWto bw#* W ftft lmn i'WWWO) or %q 9) shMla9le 9dwdulgbutotdyWptreapealo SOdNyhjmp a'Fmvet4dam�e tsenl5ngframme oromf�bneot 1 Ycu; 2 Arrydycmemploye�or�xda; 6 Any pe=, wzWft adM&W h4woamy ftV4w bfegentd the a0aOMIfORAcp�TWRa wwtod'a"Wm thepmndoeiwdoR*( wa m 6 ThA8Wwa9k"wbyvmeadmn ddmhdw* Toboddykgasf a'prclomy" ari�pm&ottnardet>aad kteDt�+nls}arar�t ?sho+m Intlte 3dledtle. ,03/15/.2005 13:50 4158840735 NOBLE CONSULTANTS NO PAGE 03 A ORD- CERTIFICATE LIABILITY INSURAN OP ID S mTEIMEDOnYYY) NOBLE -1 09/15/04 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ACSC /MARSH 800 Market St, Ste. 2600 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERT FICATE DOES NOT AMEMb, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. St. Louis MO 63101 -2500 POLICY NUMBER DATE M Phone-800- 338 -1391 Pax:688 -621 -3173 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: ITartTOm Aeeidaut ae m4e.mits INSURER E: EACH OCCURRENCE INSUrtert c: A Noble Consultants, Inc. 359 Bel Maria Keys Blvd.,8te.9 Novato CA 94949 NSURERD: 84SBWM6015 INSURER E: 11/01/05 PREMISES ��) t,VVtNALdtiS THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THS POLICY PERIOD INDICATED. NO1W M IDTANDWO 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. EXCLI SIONS AND CONDITIONS OF SUCH POLICIES. AOGHb(!—E LIMB$ SHOWN MAY HAVE BEEN REDUCED SV PAID CLAIMS. LTR NB TYPE OF INSURANCE POLICY NUMBER DATE M DATE MMIO LIMITS OENE71AL LIABILITY EACH OCCURRENCE $1000000 A X COMMERCIAL GENERAL LIABILITY CLAIMS MADE a] OCCUR 84SBWM6015 11/01/04 11/01/05 PREMISES ��) s 1000000 $10000 MED EXP(AnY We PJxN) PERSONAL a ADV INJURY $1000000 • CROSS LIABILITY • CONTRACTUAL LIAR OENERAL AGGREGATE $ 2000000 GEM/, AGOREOA7E LIMIT APPLIES PER PRODUCTS. cowtoP AGG s2000000 POLICY X jp, LOC AUTOMOBILE LIABILITY ANY AUTO i�MemdenU SINGLE LIAR S BODILY INJURY (Per RI>;en) ALL OWNED AUTOS SCHEDULED AUTOS S HIRED AUTOS NON.OWNEDALMOS ROINLY IN.IURY (P&.Cddwd) $ PROPERTYDAMAGE (PEree ident) 5 GARAGE LIABILITY AUTO ONLY -EA ACCIDENT S ..S .. OTHERTHAN EAACC AUTO ONLY. AEG ANY AUTO S EKCESSIUMBRELLALLARLIT' EACHOCCURRENCE S 1000000 A g OCCUR CLAIMSMADE S4SSWn6015 11 /01/04 11/01/05 AGGREGATE $1000000 $ a DEDUCYIBLE $ RETENTION 5 WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORPARTNER`GECUTNE OFFICEPJMEMBER EXCLUDEDT TORYLIMITS ER E.L. EACH ACCN I $ E.L. DISEASE -EA 15IMPLOYEE $ N yes. dem M Pnow SPECIAL PROVISIONS MNPN E.L. DISEASE - POLICY LIMIT S OTHER DESCRIPTION OF OPERATIONS/ LOCATIONS I VEHICLES/ MILLIONS ADDED BY EN VISIONS CITY OF NEWPORT BEACB, ITS EL$CTED OR APPOINTED OFFICIALS, OFFICERS, AGENTS, VOLUNTEERS, AND EMPLOYEES ARE INCLUDED AS ADDIL INSURED AS RESPECTS . WORK PXRFORXBD BY THE NAMED TNSURSD.COVERAGE IS PRIMARY AND ANY INSUANCE EWLD BY THE ADDITIONAL INSURED IS E3tCE9S & NON - CONTRIBUTORY. A WAIVER OF SUBROGATION IS INCLUDED IN FAVOR OF THE ADDITIONAL INSURED. SEE CG2010 . L99 D -1A CITY OF NEWPORT SEACH ATTNI SHAUNA OYLER 3300 NEWPORT BEACH NEWPORT BEACH CA 92663 (20011081 CTYNPBE I SHOULD ANY OPTHE ABOVE DESCRMED P01.IM TE CANCELLED BEFORE THE E37OMTK DATE THEREOF. THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY /CND UPON THE USURER, ITS AGENTS OR 03/15/2005 13:50 4158840735 • POLICY NUMBER: 84SBWEB6015 NOBLE CONSULTANTS NOBLE CONSULTANTS NO PAGE 04 • COMMERCIAL GENERAL LIABILITY ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS. (FORM B) This endorsement mortifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: CITY OF. NEWPORT BEACH, ITS ELECTED OR APPOINTED OFFICIALS, OFFICERS, AGENTS, VOLUNTEERS, AND EMPLOYEES (If no entry appears above, information required to complete this endorsement will be shown in the Deciaretions as applicable to this endorsement.) WHO IS AN INSURED (Section If) is amended to include the person or organization shown in the Schedule, but only with respect to liability arising out of your work performed for that insured. COVERAGE IS PRIMARY AND ANY INSUANCE HELD BY THE ADDITIONAL INSURED IS EXCESS & NON-CONTRIBUTORY CG 20 10 1185 Copyright Insurance Services Office, Inc., 1984 ❑ California License No. 0437153 r,24 05 01:44p • • Fox #: l I CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach P. 1 This checklist is comprised of requirements as outlined by the City of Newport Beach. Date Received: J / J ( -) Dept./Contact Received From: CLti;i I c. i' ^� Date Completed: -.4 ti `G Sent to: M C.- By: Company /Person required to have certificate: C,i i. (Pd -� I. GENERAL LIABILITY t A. INSURANCE COMPANY: /`� �� V(XC B. AM BEST RATING (A: VII or greater): 'T rX�: C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? W'Yes ❑ No D. LIMITS (Must be $1 M or greater) W hat is limit provided? ;v>`, I c, is is; ;J r t . c E. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? [$Yes D No F. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? W Yes F-1 No G. PRIMARY & NON - CONTRIBUTORY WORDING (Must be included): Is it included? b Yes ❑ No 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 ONO 1. 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. IL AUTOMOBILE LIABILITY A. INSURANCE COMPANY: c'1 Yto t I LA,_" 5 --k I.a-tS. B. AM BEST RATING (A: VII or greater): A X C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? l�Yes ❑ No D. LIMITS (Must be $1 M min. BI & PD and $500,000 UM): What is limits provided? E. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? ,Yes ❑ No F. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste Haulers only): I /�` Is it included? iI ❑ Yes ❑ No G. 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. 111. WORKERS' COMPENSATION A. _ INSURANCE COMPANY: B. AM BEST RATING (A: VII or greater): C. LIMITS: Statutory D. WAIVER OF SUBROGATION (To include): Is it included? WYes ❑ No HAVE ALL ABOVE REQUIREMENTS BEEN MET? ✓�f Yes Q No IF NO, WHICH ITEMS NEED TO BE COMPLETED 0 MEMORANDUM DATE: March 9, 2005 TO: Mayor and City Council Members FROM: Public Works Department E SUBJECT: March 8, 2005 Council Agenda Item No. 17 Attached are the missing documents from the above referenced Council item: • Amendment No. 1 with Noble Consultants • Noble Recommendations Report Dated January 24, 2005 c: Homer Bludau LaVonne Harkless Stephen Badum fAusers \pbw\shared\masters \memo master.doc City of Newport Beach Public Works Department AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH NOBLE FOR SEMENIUK SLOUGH THIS AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT, entered into this day of , 20, by and between the CITY OF NEWPORT BEACH, a municipal corporation, (hereinafter referred to as "City") and NOBLE CONSULTANTS, INC., whose address is 2201 DuPont Drive, Suite 620, Irvine, California, 92612 -7509, (hereinafter referred to as "Consultant "), is made with reference to the following: RECITALS A. On June 22, 2004, CITY and CONSULTANT entered into a Professional Services Agreement, hereinafter referred to as "Agreement ", for to investigative the feasibility of interagency project coordination with the Corps of Engineers for dredging Semeniuk Slough, hereinafter referred to as "Project'. This Agreement is scheduled to expire on December 31, 2005. B. City desires to enter into this Amendment No. Ito reflect additional services not included in the Agreement or prior Amendments and to extend the term of the Agreement to December 31, 2006. C. City desires to compensate Consultant for additional professional services needed for Project. D. City and Consultant mutually desire to amend Agreement, hereinafter referred to as "Amendment No.. 1 ", as provided here below. NOW, THEREFORE, the parties hereto agree as follows: Consultant shall be compensated for services performed pursuant to this Amendment No. 1 according to "Exhibit A" dated February 17, 2005 attached hereto. 2. Total additional compensation to Consultant for services performed pursuant to this Amendment No. 1 for all work performed in accordance with this Amendment, including all reimburseable items and subconsultant fees, shall not exceed Twenty Thousand Dollars ($20,000). 3. The term of the Agreement shall be extended to December 31, 2006. 4. Except as expressly modified herein, all other provisions, terms, and covenants set forth in Agreement shall remain unchanged and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. ton the date first above written. APPROVED AS TO FORM: Robin Clauson, City Attorney for the City of Newport Beach ATTEST: LaVonne Harkless, City Clerk Attachment: Exhibit A CITY OF NEWPORT BEACH, A Municipal Corporation An Mayor for the City of Newport Beach NOBLE CONSULTANTS, INC.: in Ron Noble President f: \userslpbMshared\ agreements \fy 04 -05 \noble - semeniuk slough- amend -1.doc • - NOBLE PROJECT MEMORANDUM CONSULTANTS, INC. 2201 DUPONT DRIVE, SUITE 620, IRVINE, CA 92612 (949) 752 -1530 FACSIMILE (949) 752.8381 City of Newport Beach Semeniuk Slough Preliminary Engineering Study To: Robert Stein From: Jon Moore / Larry Paul Date: February 17, 2005 RE: Implementation of Capital Improvement Project Cc: File :0. This memorandum summarizes our estimate of planning and engineering fees to take the Semeniuk Slough dredging project to the next level. As stated in our report, the most promising plan for the City involves inclusion of the Semeniuk Slough maintenance within a broader scoped project purpose of ecosystem restoration. Because of the challenges and uncertainties associated with this innovative strategy, the following study will be required to validate the concept and position the City to obtain federal and state sponsorship. FY 2004/2005 — Allocate $20.000 for the following tasks: 1. Further develop Newport Slough/Semerriuk Slough combined project scope with the Corps of Engineers to include the initiation of a Federal ecosystem restoration project. Investigate the cost sharing potential and grant opportunities for the local share. 2. Research the potential for nearshore disposal of dredge fill material. Research the linkage of nearshore disposal with the policy guidelines of the Federal/ State Sediment Master Plan. 3. Determine the resource /regulatory/stakeholder interests and concerns for such a project. = NOBLE PROJECT MEMORANDUM 2201 DUPONT DRIVE, SUITE 620, IRVINE, CA 92612 (949) 752 -1530 FACSIMILE (949) 752.8381 City of Newport Beach Semeniuk Slough Preliminary Engineering Study Job Number 782 -05 To: Robert Stein From: Jon Moore Date: January 24, 2005 RE: Recommendations Report Cc: Larry Paul Ron Noble f 3:im This memorandum summarizes our findings and recommendations concerning the feasibility of maintenance dredging within the Semeniuk Slough. Our study has been conducted in accordance with the Scope of Services stipulated in our June 22, 2004 Agreement with the City. The purpose of our study was to furnish the City with a preliminary assessment of the project's feasibility and a recommended strategy to move forward. Our analysis was accomplished by performing a quick look survey of the quantity and characteristics of the sediments within the slough. We have also explored the potential for interagency cooperation and other cost sharing strategies that might be pursued to defray the capital cost of the project. Our specific scope of services consisted of the following tasks: 1. Conduct a limited sediment sampling and testing study to determine the physical and chemical characteristics of the material proposed for dredging. 2. Perform a one -day bathymetric survey of the eastern channel to document existing depths and enable a preliminary determination of dredging quantity. Explore possible avenues of inter- agency coordination that might be available to the City to expedite the project and/ or reduce the financial burden of dredging and maintaining the slough. Task 1. Sediment sampling and testing The draft sampling and analysis work plan was submitted by MEC- Weston Solutions, Inc. to the regulatory agencies in September 2004. Comments were received from the Corps of Engineers and U.S. EPA on November 18, 2004. The agencies made minor changes to the field sampling program and requested that Tier 2 chemical testing be performed on the retrieved sediment samples. Five core samples were extracted in the field on December 13, 2004 using a hand - operated piston corer. All samples met refusal approximately five feet below the mudline. The material City of Newport Beach • • Semeniuk Slough Preliminary Engineering Study Recommendations Report January 24, 2005 Page 2 of 5 encountered was fine grain sediment. It is estimated that more sandy material underlies the more recent deposits. Per sampling protocol, the collected core samples were mixed into a single composite. All Tier 1 and 2 chemical tests were completed in the laboratory by January 10, 2005. Results of the grain size analysis are summarized below: % gravel content 1.2 • sand content 26.6 • silt content 30.5 • clay content 41.7 Based on this information, approximately 72 percent of the shoaled material is unsuitable for beach or nearshore ocean disposal unless blended with an appropriate quantity of beach quality sand. However, the composite sediment sample tested clean for chemical contamination as all parameters were either not detected or measured at low levels. The more detailed report on the results of the sediment sampling and testing study that was performed by NEC- Weston Solutions is attached to this memorandum. Task 2. Preliminary Assessment of Dredging Volume A condition bathymetric survey of the eastern section of Semeniuk Slough was conducted on August 19, 2004. The results of the survey were submitted to the City on September 27, 2004. In general, the existing depths within the channel were found to be between the elevations of —1 and —2 feet, MLLW. The field sampling indicates that dense native sands may exist about 5 feet below existing mudline. This could represent the natural slough channel bottom. Therefore, a preliminary project depth of —5 feet, MLLW was selected for dredging. Because of the controlling depths in the west end of the slough near the Santa Ana River, dredging to deeper elevations in Semeniuk Slough may result in decreased circulation and flushing and creation of more stagnant water near the bottom. The approximate dredge quantity associated with a center of channel box cut to the preliminary project depth limit is 20,000 cubic yards. Task 3. Strategic Planning Assessment Alternative strategies to address the Semeniuk Slough channel maintenance problem have been reviewed and assessed by Larry Paul. Candidate plans that may be considered thus far include the following options: City of Newport Beach • • Semeniuk Slough Preliminary Engineering Study Recommendations Report January 24, 2005 Page 3 of a) Develop a stand alone dredging project performed by the City. Under this strategy, the City would prepare and implement a municipally funded maintenance dredging capital improvement project to remove the accumulated sediment in the most economical and environmentally acceptable manner. Dredging would most likely be accomplished by a small hydraulic suction dredge, clamshell dredge, or combination of both methods. The grain size of the sediment within the Semeniuk Slough means that the dredged material will need to be disposed off site. Feasible options to accomplish this task include incorporation of small dewatering plants to enable trucking of dried sediment to inland disposal sites or loading dump scows at a nearshore mooring. In the latter case, the dredged material would be transported by barge for ultimate disposal at the offshore LA -3 disposal site. The benefits of a self - funded maintenance dredging project are that the City would control the timing, design, and construction process from start to finish. However, the principal disadvantage is having to absorb the high project cost. We estimate that the hydraulic dredging and dewatering method would be the least expensive and most viable option for a stand alone project. However, even that alternative would cost the City between an estimated $800,000 to $1,000,000 exclusive of permitting, engineering, and construction administration expenses. The ocean disposal method would cost considerably more because of the inefficiencies associated with hydraulically filling dump scows and the uncertainties associated with conducting construction activities in the open ocean. b) Develop a partnered dredging project with the Corp of Engineers which would include the Semeniuk and Newport Sloughs. The Corps of Engineers has found that the shoaled material within the western Newport Slough area may contain as much as seventy percent sand. Blending the finer grained sediments within the Semeniuk Slough area with the coarser grained material in the western channel may make a nearshore disposal option more feasible. Therefore this strategy would seek ways to beneficially combine the dredged sediments from both areas and implement a joint City and Corps dredging project. The feasibility of this plan would critically depend on obtaining approvals from the regulatory agencies to allow disposal of a blended sediment mix in the nearshore ocean waters. Benefits for this strategy would include sharing of design and construction costs, reducing overall efforts for securing regulatory entitlements, and making the Semeniuk Slough material potentially more attractive for nearshore disposal. Ultimately it would also help to reduce the sediment loading from the Newport Slough into the Semeniuk Slough. Land ownership issues and responsibilities for future operation and maintenance work for the entire slough and adjacent wetlands area will be important factors to resolve if this strategy is pursued. City of Newport Beach • Semeniuk Slough Preliminary Engineering Study Recommendations Report January 24, 2005 Page 4 of 5 c) Develop a conceptual plan that would meet the Corps of Engineers criteria for an ecosystem restoration project for both the federal and city portions of the slough. This strategy would seek to include a restored Semeniuk Slough and adjoining wetlands as part of a broader federally authorized ecosystem restoration project. As envisioned, the project would expand the scope of dredging to improve channel circulation and create mudflat and habitat for threatened and endangered species. In so doing the existing Santa Ana River Marsh area would be enhanced and additional ecosystem benefits would be realized for the entire project area. Upon completion of the initial construction, the newly restored wetlands would present a very attractive and valuable resource that could then be adopted by a conservancy to operate and maintain. The objective for this strategy would be to include the Semeniuk Slough as part of a larger public trust that would be charged with the management, operation, and maintenance of the wetland's ecological assets. The third party trust could be funded from a federal endowment, included within a public conservancy of the lower Santa Ana River Area Public agencies, or set up as a special private conservancy. The endowment's responsibilities could be defined to include- enhancement and further building of habitat areas, preservation of water quality and circulation within the waterways, and regular maintenance of the depths in the slough. There is the real possibility that federal funds can be made available to initially endow a conservancy for this mission. The process is initiated with formulation of the initial project restoration plan. This preliminary study is wholly funded by the Corps, and the results will determine a general scope and the federal interest in pursuing a more detailed feasibility study. The probable federal authority whereby the Corps of Engineers could participate in restoration of the wetlands is their small project ecosystem program. Under this agreement, the feasibility study, design, and construction for the project are cost shared. However the City's cost obligation could be funded through the State Proposition 40/50 funding program as administered by the California Coastal Conservancy. Determination of the feasibility and ultimate implementation of this strategy will be more time consuming because of the more complex partnering relationships, level of stakeholder involvement, and the vagaries associated with the federal budget allocation and funding process. A variation of this strategy would be to initiate the plan using federal monies and complete the project under state sponsorship. Under this scenario, a request for a federally funded project restoration plan can be completed within this federal fiscal year. If a favorable conceptual ecosystem restoration plan is developed by the Corps, the City may then elect to request state grant funding assistance to complete project design and construction without federal involvement. The advantage of this approach is that the overall project schedule could be accelerated. City of Newport Beach Semeniuk Slough Preliminary Engineering Study Recommendations Report January 24, 2005 Page 5 of 4. Recommendations The results of the sediment chemistry and laboratory testing of the Semeniuk Slough sediments indicate that the material is not contaminated. However the physical grain size is predominately silt and clay which makes it incompatible for beach or nearshore ocean disposal. The blending of the fine grain Semeniuk Slough material with coarser sand could conceivably make it suitable for deposition in the nearshore, but it is unlikely that sufficient volumes of sand can be found nearby to attain the necessary coarse grain to fine grain ratios. Given the nature of the Semeniuk Slough sediment, it would be more appropriate to utilize the material to create additional local habitat. As discussed above, there are a number of potential strategies that the City may pursue to dredge the Semeniuk Slough. Options range from performing the maintenance work entirely at the City's expense to more creative and less certain approaches that involve multipurpose project objectives and enlisting responsible third party involvement. Of the three strategies studied we recommend that the City pursue Option C. This plan proposes to pursue state and federal agencies involvement to dredge the Semeniuk Slough as part of a larger ecosystem restoration project within the lower Santa Ana River wetlands area. The strategy, if proven viable, would not only remove the accumulated sediments from the sloughs, but it would also result in improved tidal circulation, better water quality, and enhanced habitat. As envisioned, the project would have a nominal cost implication for the City. In addition it could engender wide stakeholder support and provide easier avenues to obtain regulatory approvals. The potential to obtain a federal operation and maintenance endowment would also make the project more attractive for creation of a conservancy which would provide for the permanent maintenance of the slough in perpetuity. Attachment: Report, Sampling and Analysis of Semeniuk Slough Sediment. Prepared by MEC- Weston Solutions, Inc., January 2005. • CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT 41 c - -3 � N Agenda Item No. 17 March 8, 2005 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Robert Stein 949 -644 -3311 rstein@city.newport-beach.ca.us SUBJECT: SEMENIUK SLOUGH PRELIMINARY ENGINEERING STUDY — AMENDMENT NO. 7 TO PROFESSIONAL SERVICES AGREEMENT WITH NOBLE CONSULTANTS, INC. RECOMMENDATION: Approve Amendment No. 1 to the Professional Services Agreement with Noble Consultants, Inc. (Noble), of Irvine, California for professional services to develop a restoration project with the Corps of Engineers at a fee of $20,000, and authorize the Mayor and City Clerk to execute the Agreement. DISCUSSION: Noble has completed its preliminary study for dredging the slough. The sampling program found that the material in the slough is unsuitable for beach or nearshore ocean disposal unless blended with an appropriate quantity of beach quality sand. The study outlines three options: 1. Develop a stand alone dredging project performed by the City. This option envisions disposal would be accomplished by use of small dewatering plants to enable trucking of dried sediment to an inland disposal site or loading dump scows at a nearshore mooring for disposal at the LA -3 disposal site. The cost is estimated at $800,000 to $1,000,000 exclusive of permitting, engineering and construction administration expenses. 2. Develop a partnered dredging project with the Corp of Engineers which would include the Semeniuk Slough and Newport Slough. The Corps of Engineers has found the shoaled material within the western Newport Slough contains about 70% sand. Blending this with the finer Semeniuk Slough material may make a nearshore disposal option more feasible. SUBJECT: Semeniuk Slough Pr ry Engineering Study — Amendment No. 1 to P nal Services Agreement with Noble Consultants, Inc. March 8, 2005 Page 2 The feasibility of this plan would depend on obtaining approval from the regulatory agencies. 3. Develop a conceptual plan that would meet the Corps of Engineers criteria for an ecosystem restoration project. This strategy would seek to include a restored Semeniuk Slough and adjoining wetlands as part of a broader federally authorized ecosystem restoration project. The objective of this strategy would be to include Semeniuk Slough as part of a larger public trust that would be charged with the management, operation and maintenance of the wetland's ecological assets. Noble believes there is a real possibility that federal funds can be made available to initially endow a conservancy for this mission. The process is initiated with formulation of the initial project restoration plan. This preliminary study would be wholly funded by the Corps and the results would determine a general scope and the federal interest in pursuing a more detailed feasibility study. A subsequent feasibility study along with design and construction would occur under a cost sharing agreement with the Corps. The City's cost obligations could.be funded through the State Proposition 40150 funding program. Staff recommends that Noble continue its conversations with the Corps of Engineers to ascertain the feasibility for an ecosystem restoration project (Option 3). Environmental Review: This project falls under the Information Gathering class of projects and is therefore categorically exempt per CEQA Guidelines, Article 19, Section 15306. Public Notice: Not applicable to this preliminary study. Funding Availability: Funds for this project are available in the following account: Account Description Tide and Submerged Land Prepared by: n Robert Stein Principal Civil Engineer Account Number 7231- C5100719 Submitted by: Amount $20,000.00 fi G. Badum Works Director Attachments: Amendment No. 1 Noble Recommendations Report Dated January 24, 2005 PROFESSIONAL SERVICES AGREEMENT WITH NOBLE CONSULTANTS, INC. FOR SEMENIUK SLOUGH PRELIMINARY ENGINEERING STUDY THIS GREEMENT is made and entered into as of this day of7Lt n r- 200, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation ( "City "), and NOBLE CONSULTANTS, INC. a corporation whose address is 2201 DuPont Drive, Suite 620, Irvine California, 92612 -7509 ( "Consultant "), 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 investigating the feasibility of maintenance dredging in Semeniuk Slough. C. City desires to. engage Consultant to perform a limited bathymetric survey and sediment testing within the eastern slough, and investigate the feasibility of interagency project coordination with the Corps of Engineers and other jurisdictional agencies ( "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 Mr. Jon 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 the 31 " day of December, 2005, 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. The City may elect to delete certain tasks of the Scope of Services at its sole discretion. 0 3. TIME OF PERFORMANCE Time is of the essence in the performance of services under this Agreement and Consultant shall perform the services in accordance with the schedule as outlined in Exhibit A. The failure by Consultant to strictly adhere to the schedule 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 parry 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 Thirty -Nine Thousand Two Hundred Three Dollars and no /100 ($39,203.00) without additional authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City. 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. 4.2 City shall reimburse Consultant only for those costs or expenses specifically approved in this Agreement, or specifically approved 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 2 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 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 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, P.E. shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or his /her authorized representative shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement. 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 • r 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. 8.2 Consultant represents and warrants to City that it has or shall obtain all licenses, permits, qualifications, insurance and approvals of whatsoever nature that are legally required of Consultant to practice its profession. Consultant further represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any and all licenses, permits, insurance and other approvals that are 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. 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 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 any work negligently performed or services provided under this Agreement (including, without limitation, defects in workmanship or materials and/or design defects [if the 4 design originated with Consultant]) or Consultant's presence or activities conducted on the Project (including the negligent and /or willful acts, errors and /or omissions of Consultant, its principals, officers, agents, employees, vendors, suppliers, consultants, 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 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. 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. 5 0 14. INSURANCE 0 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, a policy or policies of liability insurance of the type and amounts described below and in a form satisfactory to City. A. Certificates of Insurance. Consultant shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Insurance certificates must be approved by City's Risk Manager prior to commencement of performance or issuance of any permit. Current certification of insurance shall be kept on file with City's at all times during the term of this Agreement. B. Signature. A person authorized by the insurer to bind coverage on its behalf shall sign certification of all required policies. C. 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. D. Coverage Requirements. i. _Workers' Compensation Coverage. Consultant shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his or her employees in accordance with the laws of the State of California. In addition, Consultant shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California for all of the subcontractor'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 prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Consultant for City. 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, contractual liability. If commercial general liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement, or the general aggregate limit shall be at least twice the required occurrence limit. 6 • • 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 occurrence. iv. Professional Errors and Omissions Insurance. Consultant shall maintain professional errors and omissions insurance, which covers the services to be performed in connection with this Agreement in the minimum amount of one million dollars ($1,000,000). E. Endorsements. Each general liability and automobile liability insurance policy shall be endorsed with the following specific language: L The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the Consultant. R. This policy shall be considered primary insurance as respects to City, its elected or appointed officers, officials, employees, agents and volunteers as respects to all claims, losses, or liability arising directly or indirectly from the Consultant's operations or services provided to City. Any insurance maintained by City, including any self - insured retention City may have, shall be considered excess insurance only and not contributory with the insurance provided hereunder. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. iv. The insurer waives all rights of subrogation against City, its elected or appointed officers, officials, employees, agents and volunteers. V. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its elected or appointed officers, officials, employees, agents or volunteers. vi. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits, by either party except after thirty (30) calendar days written notice has been received by City. F. Timely Notice of Claims. Consultant shall give City prompt and timely notice of claim made or suit instituted arising out of or resulting from Consultant's performance under this Agreement. 7 • G. 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. 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. N 18. COMPUTER DELIVERABLES CADD data delivered to City shall include the professional stamp of the engineer or architect in charge of or responsible for the work. City agrees that Consultant shall not be liable for claims, liabilities or losses arising out of, or connected with (a) the modification or misuse by City, or anyone authorized by City, of CADD data; (b) the decline of accuracy or readability of CADD data due to inappropriate storage conditions or duration; or (c) any use by City, or anyone authorized by City, of CADD data for additions to this Project, for the completion of this Project by others, or for any other Project, excepting only such use as is authorized, in writing, by Consultant. By acceptance of CADD data, City agrees to indemnify Consultant for damages and liability resulting from the modification or misuse of such CADD data. All original drawings shall be submitted to City in the version of AutoCAD used by CITY in ".dwg" file format on a CD, and should comply with the City's digital submission requirements for Improvement Plans. The City will provide AutoCAD file of City Title Sheets. All written documents shall be transmitted to City in the City's latest adopted version of Microsoft Word and Excel. 19. CONFIDENTIALITY All Documents, including drafts, preliminary drawings or plans, notes and communications that result from the services in this Agreement, shall be kept confidential unless City authorizes in writing the release of information. 20. OPINION OF COST Any opinion of the construction cost prepared by Consultant represents his /her judgment as a design professional and is supplied for the general guidance of City. Since Consultant has no control over the cost of labor and material, or over competitive bidding or market conditions, Consultant does not guarantee the accuracy of such opinions as compared to contractor bids or actual cost to City. 21. 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. 22. 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 records and I 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. 23. 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. 24. 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 any other sections of this Agreement. 25. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other Consultants in connection with the Project. 26. CONFLICTS OF INTEREST The Consultant or its employees may be subject to the provisions of the Califomia 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. 27, NOTICES All notices, demands, requests or approvals to be given under the terms of this Agreement shall be given in writing, to City by Consultant and conclusively shall be deemed served when delivered personally, or on the third business day after 10 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: Attn: Robert Stein Public Works Department City of Newport Beach 3300 Newport Boulevard Newport Beach, CA, 92663 Phone: 949- 644 -3322 Fax: 949 - 644 -3308 All notices, demands, requests or approvals from CITY to Consultant shall be addressed to Consultant at: Attention: Mr. Jon Moore NOBLE CONSULTANTS, INC. 2201 DuPont Drive, Suite 620, Irvine California, 92612 -7509 Phone: 949 -752 -1530 Fax: 949- 752 -8381 28. 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, 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. 29. 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, 11 i • county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator and City. 30. 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. 31. 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. 32. 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. 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. 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. 12 0 0 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. APPR AS TO FORM: City ttorney for the City of Newport Beach ATTEST: V� LaVonne Harkless, City Clerk CITY OF NEWPORT BEACH, A Municipal Corporation By: Mayor for the City of Ne ort Be h an Attachments: Exhibit A — Scope of Se Exhibit B — Schedule of 13 CONSULTANTS, INC.: Jon Rates r NOBLE CONSULTANTS, INC June 9, 2004 Mr. Robert Stein, P.E. Design Engineer City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92663 RE: Amended Proposal Seminiuk Slough Dredging Project For the City of Newport Beach Dear Mr. Stein: 0 F-rq i - i i ' JUN .9 2004 sP::r?ic':ti�r, >s'Umih.tnant In accordance with our meeting last Thursday, Noble Consultants, Inc. (NCI) together with our subconsultants is pleased to present this amended Proposal to initiate an investigation into the feasibility of maintenance dredging within the Seminiuk Slough. The purpose of our study shall be to perform limited field sampling and testing of the sediments within the eastern slough channel, investigate the feasibility of interagency project coordination, and recommend a next course of action. SCOPE of SERVICES Our Scope of Services shall be limited to the following tasks. Task 1. Sediment Sampling and Testing Our sub - consultant, MEC- Weston, shall conduct a limited. sediment sampling and testing study. Core sediment samples to a target depth of five feet below the mudiine will be collected from four locations within the eastern portion of the slough channel. The four samples will then be composited into a single sample for chemical and physical analysis. Samples will be collected utilizing a piston core deployed from a 12 -foot inflatable raft. Piston coring is a process of obtaining continuous well - preserved sediment samples from water saturated, unconsolidated sediments. Penetration of the core tube is achieved by manually pushing the tube into the sediment via application of downward pressure on aluminum extensions attached to the piston core. To prevent compaction of the core during penetration, a plunger within the tube is set at the sediment water interface and maintains static pressure ensuring core integrity. To increase penetration, a hammering device may be utilized to drive the core deeper into sediments. EXHIBIT A C NOVATO; 359 BEL MARIN KEYS BLVD., SUITE 9, NOVATO, CA 94 94 9 -563 7 (415) 8134 -0727 FAX(415)884-0735 G IRVINE: 2201 DUPONT DR., SUITE 620, IRVINE, CA 92612 -7509 (949) 752 -1530 FAX(949)752-8381 0 SAN DIEGO: 9326 OAKBOURNE RD.. SANTEE, CA 92071-2314 (619) 596 -9510 FAX(619)448-2022 http: //w ..nol)lecowWt=ts.com Mr. Robert Stein, P.E. • • City of Newport Beach Seminiuk Slough Dredging Project June 9, 2004 Page 2 of 5 Refusal due to the presence of rocks and debris or consolidated clay and/or native material may occur prior to reaching the target depth of five feet below the mudline at some or all of the locations. If this occurs, samples will be collected to the depth of refusal. Once the core is retrieved to the boat, the core tube will be cut to length and capped for later processing onshore. The four core samples will be measured and examined for sediment type, texture, smell, and color. The samples will then be composited in a large stainless steel mixing bowl into a single sample for chemical and physical analysis. In order to proceed with a sediment sampling and testing program, we shall prepare a sediment sampling and analysis work plan (SAP) for approval by the U.S Army Corps of Engineers, U.S. EPA, and the California Regional Water Quality Control Board. The approved SAP shall constitute the regulatory agency permissions to perform the field work and their endorsement of the analysis methodology. Task 2. Preliminary Assessment of Dredging Volume We shall conduct a one -day bathymetric survey of the eastern slough channel in order to provide a preliminary assessment of existing depths within the channel. The results of the survey shall be used to estimate the probable maintenance dredging volume. Task 3. Strategic Planning Assessment Larry Paul from Tetra Tech, Inc, shall perform an initial strategic planning assessment of the proposed dredging project to explore avenues of inter - agency coordination and cost sharing, potential stake- holder issues, and possible obstacles that might prevent the dredging project from moving forward. The specific tasks shall be: a) Determine a preliminary footprint of the project with NCI. b) Review the results of the Task 1 sediment sampling and testing analysis to see if there are any critical sediment compatibility and disposal issues related to grain size or chemical contamination that could seriously compromise the project's feasibility. If potential red flag issues are identified at this point, the study could be terminated or re- directed in consultation with staff. If the sediment appears to be compatible for nearshore disposal, than Task 2 would proceed to explore the following inter - agency project cooperation and project planning options. c) Work with the U.S. Army Corps of Engineers Los Angeles District to determine timing for both projects and the mutual cost benefits of doing both at the same time. d) Negotiate with the Corps of Engineer to allow the Seminiuk Slough dredged material to be placed in the nearshore zone. Mr. Robert Stein, P.E. • • City of Newport Beach Seminiuk Slough Dredging Project June 9, 2004 Page 3 of 5 e) Coordinate with the Corps of Engineers and regulatory agencies to determine expedited or jointly negotiated permits for both City and Corps of Engineers projects. f) Coordinate the interest of the County Flood Control District, Corps of Engineers, and the City regarding the potential phasing of this project. If the Santa Ana River maintenance dredging project takes place first, then the federal responsibility for the slough remains yet an uncompleted project that might still be coordinated with the City's project. g) Make some preliminary inquiries concerning beneficial reuse of the slough material for wetland restoration in the adjacent federal wetlands. h) Investigate the potential for a conservancy for future management of this general area, using federal funds as the initial annuity. Task 4. Recommendations Our study shall conclude with a brief memorandum report to staff summarizing our findings and recommendation. The memorandum shall include the following items: a) Sediment sampling and test results by NEC- Weston b) Summary of the potential for inter- agency project coordination and cost sharing. c) Recommended project goal FEE and SCHEDULE We proposed to perform the above services on a time and expenses basis in accordance with our Standard Schedule of Charges. We estimate that our not to exceed fee to perform the above tasks shall be as listed below. Task 1 Prepare SAP $5,290 Sediment sampling and testing 6,900 Coordination 1,356 Task 2 Preliminary survey/ volume estimate 10,000 Task 3* Strategic planning analysis 11,500 Coordination 2,556 Task 4* Memorandum report to staff 1,601 Total estimated fee $39,203 If Task 1 results are unfavorable, Task 3c through 3h and Task 4 may be terminated or re- directed in consultation with staff Mr. Robert Stein, P.E. • • City of Newport Beach Seminiuk Slough Dredging Project June 9, 2004 Page 4 of 5 The basis for the above fee is provided on the attached spreadsheet. Our schedule shall depend upon the time is takes for the regulatory agencies to certify our SAP submittal. Assuming that we receive a Notice to Proceed from the City by June 28a' and the agencies certify our SAP within two weeks after submittal, we estimate that Tasks 1 and 2 may be completed by August 13a`. Task 3 and 4 can be completed within approximately four to six weeks after receipt of the sediment test results. We appreciate the opportunity to present this proposal for your consideration. Should you have any questions regarding this proposal or need any additional information, please do not hesitate to contact us. Sincerely, NOBLE CONSULTANTS, INC. J 11VL Jm Attachment: Fee estimate spreadsheet Mr. Robert Stein, P.E. City of Newport Beach Scminiuk. Slough Dredging Project June9;2004 Page b of 5 Fee Estimate Spreadsheet Project: Seminiuk Slough Dredging Project Client: City of Newport Beach NOSLE CONS:V LTA INTS, INC. Date of Estimate: 7- Jun -04 • • ° Task Coordination PIC $185 $150 $60 �$105� $86 S98 I I otals Hours Dollars 81 1 $1,260 Task 2 Determine dredge volume I 1 1-day bathymetricsurve 12 24 $3,324 Data processing 1 1 81 16 1 1 $2,216 Estimate dredge volume 81 1 1 1 161 1 1 $2,768 Task 3 Coordination —1 16 11 $2,460 Task Report to staff 11 B771 21 1 1 1 1 1 $1,505 Sub - Totals 11 401 41 201 401 161 1 121 $13,533 MEC- Weston Task 1. Sediment sampling and testing $10,600 Lany Paul, Tetra Tech, Inc. Task 2. Strategic planning analysis $10,000 Total Subconsultants Handling Charge P 16% - $3,090 Sub -total $23,690 Cadd communications $100 Courier Expenses $100 Reproduction $150 Other Bathyrmetricsurvey boat and equipment $1,372 Total Reimbursable Expenses Handlin Char a 15% = S258 Sub -total $1,980 0 0 . $39,203 EXHIBIT 8 stein, P.E. • • mport Beach x Slough Dredging Project .4,2004 ,e 18 of 26 Glenn E. Gibson Mr. Gibson has over 40 years of construction analysis, construction Construction Evaluation management, supervision, cost estimating, and field inspection. In addition to his consulting background, he has been responsible for the construction of numerous civil works projects including marine terminals, breakwaters, dredging, deep foundations, bridges and piers. Duane E. Maddux Mr. Maddux has over 40 years of experience in marine geophysical Hydrographic Surveying and hydrographic surveying for federal, state and local government agencies, as well as industry and private sector clients.. He has managed numerous projects that have included design and construction of specialized instrumentation systems for geophysical, geotechnical, and engineering investigations. He holds ACSM Certification as both an inshore and offshore hydrographer and a USCG license to operate commercial vessels. Noel Davis, Ph.D. Dr. Davis has more than 25 years of experience in managing Marine Biologist/ estuarine, freshwater, and oceanographic environmental studies. Wetlands Specialist She is responsible for managing the aquatic and marine portions of EISs, EAs, and EIRs for both onshore and offshore projects. She has extensive experience in conducting marine studies and performing wetlands and water quality assessments in conjunction with 404 permit evaluations and environmental reports. Brian Riley Mr. Riley is a marine biologist with extensive experience in field Sediment Sampling monitoring, sediment sample collection and analysis, and chemical toxicity. He has conducted numerous field surveys and laboratory investigations to characterize the in situ sediments and water column. Mr. Riley's experience extends into Upper Newport Bay and the western portions of the Seminiuk Slough. Mr. Robert Stein, P.E. • • City of Newport $each Senuaiuk Slough Dredging Prgj ect May 14, 2004 Page 17 of 26 Ronald M. Noble, P.E. Mr. Noble has supervised and designed numerous coastal and ocean Principal -in- Charge design and planning projects over his 40 years of professional experience. His dredging experience includes the Upper Newport Bay enhancement project. He has been involved in various types of waterfront development in Newport Harbor throughout his professional career. His most recent projects include the Newport Harbor bulkhead, Balboa and Newport Pier Rehabilitation and. numerous bulkheads. He is a recognized expert in the field of coastal and harbor engineering. Jon T. Moore, P.E. Mr. Moore was most recently the project manager for the City Study Manager municipal piers renovation. Over the span of his 33 -year career, he has been exclusively dedicated to maintenance dredging and the design and construction of coastal projects, marinas, bulkheads, promenades, piers, and other capital projects. Since 1987, he has provided consultation to the U.S. Army Corps of Engineers on numerous coastal projects. Lawrence R. Paul Mr. Paul has been directly responsible for the implementation and' Program Implementation development of watershed management studies, federally authorized civil works projects, and coastal water resources projects' within Orange County. His knowledge of technical, political, and' stakeholder issues for coastal projects will provide a vital link. toward the formulation and implementation of a consensus project. Chia -Chi Lu, Ph.D., P.E. Dr. Lu specializes in coastal and hydraulic engineering. He hasp Coastal Engineering extensive experience in the development of numerical models to simulate coastal and hydraulic processes and analyze engineering: problems. Since his graduate work at the University of Miami, he has conducted numerous coastal investigations along the County of Orange shoreline, estuaries, and southern California coast. Dr. Lu was the principal investigator for the engineering assessment for the; Balsa Chica Wetlands Restoration EIS/EIR. Scott M. Noble, P.E. Mr. Noble is a civil engineer with over 26 years of experience' Dredging. and Ecosystem specializing in the engineering analysis, design, cost estimating, and- Restoration permitting of coastal, waterfront, and marina projects. This work has. included coastal processes analysis, development of oceanographic design criteria, detailed design of marinas, shoreline protection, waterfront structures, ecosystem restoration, and the, dredging of channels and lakes. ACORD CERTIFICATE LIABILITY INSURANCFS OP ID S DATE (MMIDD YYYY) NOBLE -1 07/09/04 PRODUCER THIS CERTIFICATE IS ISSMIM AS A MATTER OF INFORMATION LTR ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE ACEC /MARSH HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 800 Market St, Ste. 2600 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. LIMITS NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL St. Louis MO 63101 -2500 Phone.-BOO-338-1391 Fax:888- 621 -3173 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: Hertford Accident && indemnity $ 1000000 INSURER B: 3300 X COMMERCIAL GENERAL LIABILITY INSURER C: 11/01/03 Noble Consultants, Inc. 359 Bel Marin Keys B1vd.,Ste.9 Novato CA 94949 INSURER D: $ 1000000 INSURER E: CLAIMS MADE T OCCUR COVERAGES 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR NSR TYPE OF INSURANCE POLICY NUMBER DATE MMID ON DATE 111014 LIMITS NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL CITY GENERAL LIABILITY IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR ATTN: EACH OCCURRENCE $ 1000000 A 3300 X COMMERCIAL GENERAL LIABILITY 84SBWEB6015 11/01/03 11/01/04 PREMISE (Ea occurenm) $ 1000000 CLAIMS MADE T OCCUR MED EXP(Any one Person) $ 10000 PERSONAL & ADV INJURY $ 1000000 • CROSS LIABILITY • CONTRACTUAL LIAB GENERAL AGGREGATE $2000000 GENL AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG $2000000 POLICY X JE�CT lOC AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT (Ea accdent) $ BODILY INJURY (Per pars°") S ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (PuamldeM) S HIRED AUTOS NON -OWNED AUTO$ PROPERTY DAMAGE (Per aaldeM) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT S OTHER THAN EA ACC S ANY AUTO S AUTO ONLY: AGG EXCESSNMBRELLA LIABILITY EACH OCCURRENCE S1000000 A X I OCCUR EI CLAIMSMADE 84SBWEB6015 11/01/03 11 /01/04 AGGREGATE $ 1000000 E S DEDUCTIBLE S RETENTION S WORKERS COMPENSATION AND TORY LIMITS ER EMPLOYERS' LUIBIUTY ANY PROPRIETORIPARTNERIEXECUTNE E.L. EACH ACCIDENT - El DISEASE -EA EMPLOYEE E OFFICEPJMEMBEREXCLUDED4 Des. describe under SPECIAL PROVISIONS below E.L. DISEABE- POLICY LIMIT S OTHER DESCRIPTION OF OPERATIONS! LOCATIONS l VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS CITY OF NEWPORT BEACH, ITS ELECTED OR APPOINTED OFFICIALS, OFFICERS, AGENTS, VOLUNTEERS, AND EMPLOYEES ARE INCLUDED AS ADD -L INSURED AS RESPECTS WORK PERFORMED BY THE NAMED INSURED.COVERAGE IS PRIMARY AND ANY INSUANCE HELD BY THE ADDITIONAL INSURED IS EXCESS & NON - CONTRIBUTORY. A WAIVER OF SUBROGATION IS INCLUDED IN FAVOR OF THE ADDITIONAL INSURED. SEE CG2010 CERTIFICATE HOLDER CANCELLATION ACORD 25 (2001108) - OACORD CORPORATION 1988 CTYNPBE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED. BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL CITY OF NEWPORT BEACH IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR ATTN: SHAUNA OYLER 3300 NEWPORT BEACH REPRESENTATIVES. AUTHORIZED RE R.g FgENTrEn n NEWPORT BEACH CA 92663 ACORD 25 (2001108) - OACORD CORPORATION 1988 POLICY NUMBER: WSBWEB6016 COMMER& GENERAL LIABILITY NOBLE CONSULTANTS ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: CITY OF NEWPORT BEACH, ITS ELECTED OR APPOINTED OFFICIALS, OFFICERS, AGENTS, VOLUNTEERS, AND EMPLOYEES (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include the person or organization shown in the Schedule, but only with respect to liability arising out of your work performed for that insured. COVERAGE IS PRIMARY AND ANY INSUANCE HELD BY THE ADDITIONAL INSURED IS EXCESS & NON - CONTRIBUTORY CG 20 10 11 85 Copyright Insurance Services Office, Inc., 1984 D California License No. 0437153 ACORD CERTIFICATE LIABILITY INSURAN CSR DO DATE,MAVDD YYYY NOBLE -1 1 06129/04 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Y. A. Tittle Insurance ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE & Financial Services HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1890 N. Shoreline Blvd., 2nd F ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. LIMITS Mountain View CA 94043 Phone:650- 856 -2120 Fax:650 -856 -3971 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURERA: America¢ 9eetes rnsuramee Comp $ INSURER 8: Stn Cam xatioa raa. rood S INSURER C: Admiral Insurance Company COMMERCIAL GENERAL LIABILITY Noble Consultants INSURER D: 359 Bel Karin Keys Blvd., #9 Navato CA 94949 -5637 INSURER E: CLAIMS MADE F—] OCCUR COVERAGES 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR NS TYPED F INSURANCE POLICYNUMBER DATE DATE MMID LIMITS GENERAL LIABILITY EACH OCCURRENCE $ PREMISES Ea otcurenoe S COMMERCIAL GENERAL LIABILITY CLAIMS MADE F—] OCCUR MED EXP (My one person) $ PERSONAL 8 ADV INJURY $ GENERAL AGGREGATE $ GENT AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPlOP AGG S POLICY jER LOC A AUTOMOBILE LIABILITY ANY AUTO 02080071762 04/17/04 04/17/05 COMBINED SINGLE LIMIT (Ea awident) $1 .000, 000 X BODILY INJURY (Per person) S ALL OWNED AUTOS SCHEDULED AUTOS X BODILY INJURY (Peraccident) E HIREDAUTOS NON -OWNED AUTOS X PROPERTY DAMAGE (Peraccident) $ GARAGE LIABILITY AUTO ONLY -EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO $ AUTO ONLY: AGO EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ $ DEDUCTIBLE S RETENTION $ B B WORKERS COMPENSATION AND ERLITY ANY N A OFF CERIMEMBER EXC UDED7 CUTE 80396704 IISL &H #L&Ii090396704 01/01/04 01/01/04 01/01/05 01 /01 /05 X TORYLIMITS I ER E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE - EA EMPLOYEE $1,000,000 If sc Uedbe under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT $1,000,000 OTHER C Errors & Ommission A03PLI7392 04/18/04 04/18/05 Each Clm $1,000,00 Cov.Clms -Made Form DED= $10,000 RA CLAIM A re . $3,000,00 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS The City of Newport Beach, its elected or appointed officers, officials, employees, agents and volunteers are primary /additional insureds as respects Auto Liability arising out of work performed by or on behalf of the Consultant. waiver of Subrogation applies to Auto & Workers' Comp. *10 days notice for nonpayment of premium CERTIFICATE HOLDER CANCELLATION NEWPORT SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRA *City of Newport Beach DATE THEREOF, THE ISSUING INSURER WILL MAIL 30 DAYS WRRT Public Works Department Attn: Shauna Oyler NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, 3300 Newport Blvd Newport Beach CA- 92658 -8915 AUTHORIZED REPRESENTATIVE Steve Aronson ACORD 25 (200108) — 0 ACORD CORPORATION T 0 PJ POLICY NUMBER: 02CE0071762 COMMERCIAL AUTO CA 713512 93 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. ENDORSEMENT EFFECTIVE dl 17, 2004 NAMED INSURED COUNTERSIGNED BY: Noble Consultants, Inc (Authorized Signature) SCHEDULE Name of Person or Organization: The Cffyo /NewportSeadr, its efecbd or appointed offlwrs, otircrals, employees, agents and vohmfeers Address: 3300 Newport Blvd, Newport Beach CA 92658 -8915 Premium: $ Ind (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. Under LIABILITY COVERAGE WHO SAN INSURED is changed to include as an "insured" the persons) or organizalion(s) shown in the Schedule, but only with respect to "bodily injury" or "property damage" resulting from the acts or omissions of: 1. You; 2. Any of your employees or agents; 3. Any person, except the additional insured or any employee or agent of the additional insured, operating a covered 'auto" with the permission of any of the above. B. The insurance afforded by this endorsement does not apply: To "bodily injury" or "property damage" arising out of the sole negligence of the person(s) or organization(s) shown in the Schedule. CA 71 35 12 93 JUL -12 -2004 MON 08;21 AM Y A I E & ASSOC FAX NO. 6508 971 VU LIVER OF SUBROGATION STATE U S N I NSATRANCC:E FUND HOME OFFICE SAN FRANCISCO ALL EFFECTIVE DATES ARE AT 12:01 AM PACIFIC STANDARD TIME OR THE TIME INDICATED AT PACIFIC STANDARD TIME P. 02 803967 -04 pxammL NG ENDORSEMENT AGREEMENT PAGE 1 EFFECTIVE JUNE 29, 2004 AT 12.01 A.M. AND EXPIRING JANUARY 1, 2005 AT 12.01 A.M. NOBLE CONSULTANTS 359 BEL MARIN REYS BLVD NOVATO, CA 94949 ANYTHING IN THIS POLICY TO THE CONTRARY NOTWITHSTANDING, IT IS AGREED THAT THE STATE COMPENSATION INSURANCE FUND WAIVES ANY RIGHT OF SUBROGATION AGAINST, CITY OF NEWPORT BEACH WHICH MIGHT ARISE BY REASON OF ANY PAYMENT UNDER THIS POLICY IN CONNECTION WITH WORK PERFORMED BY, NOBLE CONSULTANTS IT IS FURTHER AGREED THAT THE INSURED SHALL MAINTAIN PAYROLL RECORDS ACCURATELY SEGREGATING THE REMUNERATION OF EMPLOYEES WHILE ENGAGED IN WORK FOR THE ABOVE EMPLOYER. IT IS FURTHER AGREED THAT PREMIUM ON THE EARNINGS OF SUCH EMPLOYEES SHALL BE INCREASED BY 03 %. NOTHING IN THIS ENDORSEMENT CONTAINED SHALL BE HELD TO VARY, ALTER, WAIVE OR EXTEND ANY OF THE TERMS, CONDITIONS, AGREEMENTS, OR LIMITATIONS OF THIS POLICY OTHER THAN AS STATED. NOTHING ELSEWHERE IN THIS POLICY SHALL BE HELD TO VARY, ALTER, WAIVE OR LIMIT THE TERMS, CONDITIONS, AGREEMENTS OR LIMITATIONS OF THIS ENDORSEMENT. COUNTERSIGNED AND ISSUED AT SAN FRANCISCO; JULY 1, 2004 2570 Aid, e. AUTHORIZED REPRESENTATIVE PRESIDENT SLIF FORM 10217 (REV.34;3) OLD OP 217 JUL -19 -2004 MON 09:58 AM FAX NO. P. 01 • q� �y�l -331 FaX #: CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. Date Received: _ ` 6 Dept. /Contact Received From: e Date Completed: + -I "d Sent to: By; Company/Person required to have certificate: n CC) - C✓YtS 1 i� n I. GENERAL LIABILITY rr _ A. INSURANCE COMPANY: B. AM BEST RATING (A: VII or greater): ft fix V C. ADMITTED Company (Must be California Admitted): in California? Yes Q No Is Company admitted D. LIMITS (Must be $1 M or greater): What is limit provided? m` E. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it induded? Myes ❑ Nv F, ADDITIONAL INSURED WORDING TO iNCLUDE,.(The City its Yes Q No officers, officials, employees and volunteers): Is It included? G. PRIMARY & NON - CONTRIBUTORY WORDING (Must be included): Yes' [] Na Is it Included? H. CAUTIONI (Confirm that loss or liability of the named insured is not limited solely by their negligence) Does endorsement include'solely by ❑ Yes kfNo negligence" wording? 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. IL AUTOMOBILE LIABILITY /� c y A. INSURANCE COMPANY: krky_,y ✓5L& -n B. AM BEST RATING (A: Vil or greater): C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? x Yes Q No D. LIMITS (Must be $1M min. BI & PO and $500,000 UM): What is limits provided? f,_, r E. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): is it included? gYes (] No F. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste Haulers only): h a Is it included? ! Yes No G. 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. M. WORKERS' COMPENSATION A. B. C. D. INSURANCE COMPANY: AM BEST RATING (A: VII i LIMITS: Statutory WAIVER OF SUBROGATION (To include): Is it included? XYes P No HAVE ALL ABOVE REQUIREMENTS BEEN MET? Yes No IF NO, WHICH ITEMS NEED TO BE COMPLETED? 0 0 0 CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT [-37 7 C -3b3(,o Agenda Item No. 2_ June 22, 2004 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Robert Stein, P.E. 949 - 644 -3311 rstein@city.newport-beach.ca.us JUN 2 2 2004 SUBJECT: SEMENIUK SLOUGH PRELIMINARY ENGINEERING STUDY - CONTRACT NO. 3636 — APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH NOBLE CONSULTANTS, INC. RECOMMENDATION: Approve a Professional Services Agreement with Noble Consultants, Inc., (Noble) of 2201 Dupont Drive, Suite 620, Irvine, CA 92612 -7509, for a preliminary dredging investigation in the Semeniuk Slough at a contract price of $39,203 and authorize the Mayor and City Clerk to execute the Agreement. DISCUSSION: Dredging in the eastern portion of the slough has not occurred over the last 15 years and the slough how has accumulated large deposits of sediment. It is possible that any dredging in the slough will encounter contaminated sediments, and therefore will not qualify as beach sand or for off -shore disposal. As such, disposal costs can be expected to be prohibitive if this is a stand -alone project. The costs for this dredging project would be manageable if this work could be coupled with any future Army Corps of Engineers (Corps) work in the Semeniuk Slough. This contract is explicitly tailored to provide sediment sampling and testing that can be shared with the Corps and provide a quantitative basis for exploring options to combine this project with the Corps larger project. Five firms were invited to submit proposals to provide dredging investigative services and all five firms responded with proposals: • Everest International Consultants, Inc. • Moffatt & Nichol Engineers • Noble Consultants, Inc. • Van Dell and Associates, Inc. • WRC Consulting Services, Inc. SUBJECT: Semeniuk Sloarreliminary Engineering Study- Contract No. 36 Approve a Professional Services Agreement vvithlMe Consultants, Inc. June 22, 2004 Page 2 The proposals were reviewed by an in -house committee composed of three engineers to evaluate each firm's qualifications, project understanding and past experience on similar projects before ranking Noble the highest. Upon selection, staff negotiated with Noble to provide the necessary scope of services for a fee of $39,203. Noble has completed dredging investigative studies competently and professionally on similar projects for other local agencies in Southern California. The scope of dredging investigation professional services includes: 1. Preliminary bathymetric survey 2. Screening level sediment sampling and testing study 3. Investigating the integration of this project with the Army Corps of Engineers' Santa Ana River dredging project. Funding Availability: Funds for this project are available in the following account: Account Description Account Number Amount Tide and Submerged Land 7231- C5100719 $39,203.00 Environmental Review: This project falls under the Information Gathering class of projects and is therefore categorically exempt per CEQA Guidelines, Article 19, Section 15306. (57 Prepared b : Submitted by: _ _ ( k Apa4,en, Robert Stein, P.E. Stephen G. 15ALIm Principal Civil Engineer Public Works Director Attachment: Professional Services Agreement 0 PROFESSIONAL SERVICES AGREEMENT WITH NOBLE CONSULTANTS, INC. FOR SEMENIUK SLOUGH PRELIMINARY ENGINEERING STUDY THIS AGREEMENT is made and entered into as of this _ day of 200_, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation ( "City"), and NOBLE CONSULTANTS, INC. a corporation whose address is 2201 DuPont Drive, Suite 620, Irvine California, 92612 -7509 ( "Consultant'), 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 investigating the feasibility of maintenance dredging in Sememiuk Slough. C. City desires to engage Consultant to perform a limited bathymetric survey and sediment testing within the eastern slough, and investigate the feasibility of interagency project coordination with the Corps of Engineers and other jurisdictional agencies ( "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 Mr. Jon 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 the 31' day of December, 2005, 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. The City may elect to delete certain tasks of the Scope of Services at its sole discretion. 0 3. TIME OF PERFORMANCE Time is of the essence in the performance of services under this Agreement and Consultant shall perform the services in accordance with the schedule as outlined in Exhibit A. The failure by Consultant to strictly adhere to the schedule 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 i basis in accordance with the provisions of this Section and the Schedule of w' 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 Thirty -Nine Thousand Two Hundred Three Dollars and no /100 ($39,203.00) without additional authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City. 4.1 Consultant shall submit monthly invoices to City describing the work performed the preceding month. Consultant's bills shall in 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. 4.2 City shall reimburse Consultant only for those costs or expenses specifically approved in this Agreement, or specifically approved 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 2 0 0 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 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 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, P.E. shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or his/her authorized representative shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement. 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 3 . ... 0 0 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. 8.2 Consultant represents and warrants to City that it has or shall obtain all licenses, permits, qualifications, insurance and approvals of whatsoever nature that are legally required of Consultant to practice its profession. Consultant further represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any and all licenses, permits, insurance and other approvals that are 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. 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 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 any work negligently performed or services provided under this Agreement (including, without limitation, defects in workmanship or materials and /or design defects [if the 4 design originated with Consultant]) or Consultant's presence or activities conducted on the Project (including the negligent and /or willful acts, errors and /or omissions of Consultant, its principals, officers, agents, employees, vendors, suppliers, consultants, 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 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. 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. 5 . .... 0 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, a policy or policies of liability insurance of the type and amounts described below and in a form satisfactory to City. A. Certificates of Insurance. Consultant shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required. herein. Insurance certificates must be approved by City's Risk Manager prior to commencement of performance or issuance of any permit. Current certification of insurance shall be kept on file with City's at all times during the term of this Agreement. B. Signature. A person authorized by the insurer to bind coverage on its behalf shall sign certification of all required policies. C. 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. D. Coverage Requirements. • Workers'. Compensation Coverage. Consultant shall maintain Workers' Compensation Insurance and Employers Liability Insurance for his or her employees in accordance with the laws of the State of California. In addition, Consultant shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employers Liability Insurance in accordance with the laws of the State of California .for all of the subcontractor'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 prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Consultant for City. 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, contractual liability. If commercial general liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement, or the general aggregate limit shall be at least twice the required occurrence limit. i • 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 occurrence. iv. Professional Errors and Omissions Insurance. Consultant shall maintain professional errors and omissions insurance, which covers the services to be performed in connection with this Agreement in the minimum amount of one million dollars ($1,000,000). E. Endorsements. Each general liability and automobile liability insurance policy shall be endorsed with the following specific language: The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the Consultant. ii. This policy shall be considered primary insurance as respects to City, its elected or appointed officers, officials, employees, agents and volunteers as respects to all claims, losses, or liability arising directly or indirectly from the Consultant's operations or services provided to City. Any insurance maintained by City, including any self- insured retention City may have, shall be considered excess insurance only and not contributory with the insurance provided hereunder. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. iv. The insurer waives all rights of subrogation against City, its elected or appointed officers, officials, employees, agents and volunteers. V. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its elected or appointed officers, officials, employees, agents or volunteers. vi. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits, by either party except after thirty (30) calendar days written notice has been received by City. F. Timely Notice of Claims. Consultant shall give City prompt and timely notice of claim made or suit instituted arising out of or resulting from Consultant's performance under this Agreement. 7 . 01 0 G. 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. 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. 8. ... �� 18. COMPUTER DELIVERABLES 0 CADD data delivered to City shall include the professional stamp of the engineer or architect in charge of or responsible for the work. City agrees that Consultant shall not be liable for claims, liabilities or losses arising out of, or connected with (a) the modification or misuse by City, or anyone authorized by City, of CADD data; (b) the decline of accuracy or readability of CADD data due to inappropriate storage conditions or duration; or (c) any use by City, or anyone authorized by City, of CADD data for additions to this Project, for the completion of this Project by others, or for any other Project, excepting only such use as is authorized, in writing, by Consultant. By acceptance of CADD data, City agrees to indemnify Consultant for damages and liability resulting from the modification or misuse of such CADD data. All original drawings shall be submitted to City in the version of AutoCAD used by CITY in ".dwg" file format on a CD, and should comply with the City's digital submission requirements for Improvement Plans. The City will provide AutoCAD file of City Title Sheets. All written documents shall be transmitted to City in the City's latest adopted version of Microsoft Word and Excel. 19. CONFIDENTIALITY All Documents, including drafts, preliminary drawings or plans, notes and communications that result from the services in this Agreement, shall be kept confidential unless City authorizes in writing the release of information. 0 20. OPINION OF COST Any opinion of the construction cost prepared by Consultant represents his/her judgment as a design professional and is supplied for the general guidance of City. Since Consultant has no control over the cost of labor and material, or over competitive bidding or market conditions, Consultant does not guarantee the accuracy of such opinions as compared to contractor bids or actual cost to City. 21. 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. 22. 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 records and 1•� 23. 24. 25. 26. 27 0 0 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. Is 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. 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 any other sections of this Agreement. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other Consultants in connection with the Project. 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. NOTICES All notices, demands, requests or approvals to be given under the terms of this Agreement shall be given in writing, to City by Consultant and conclusively shall be deemed served when delivered personally, or on the third business day after 0 0 0 0 the deposit thereof in the United States mail, postage prepaid, first -class mail, addressed as hereinafter provided. All notices, demands, requests or approvals 0 from Consultant to City shall be addressed to City at: Attn: Robert Stein Public Works Department City of Newport Beach 3300 Newport Boulevard Newport Beach, CA, 92663 Phone: 949 -644 -3322 Fax: 949 -644 -3308 All notices, demands, requests or approvals from CITY to Consultant shall be addressed to Consultant at: Attention: Mr. Jon Moore NOBLE CONSULTANTS, INC 2201 DuPont Drive, Suite 620, Irvine California, 92612 -7509 Phone: 949 - 752 -1530 Fax: 949 - 752 -8381 28. 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, 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. 29. 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, 11 0 0 county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator and City. 30. WAIVER 40 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. 31. 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. 32. 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. 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. 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. 11 12 0 0 E • IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: City Attorney for the City of Newport Beach ATTEST: M LaVonne Harkless, City Clerk CITY OF NEWPORT BEACH, A Municipal Corporation SO Mayor for the City of Newport Beach NOBLE CONSULTANTS, INC.: Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates iK� NOBLE CONSULTANTS,INC. June 9, 2004 Mr. Robert Stein, P.E. Design Engineer City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92663 RE: Amended Proposal Seminiuk Slough Dredging Project For the City of Newport Beach Dear Mr. Stein: I ED JUN 9 2004 In accordance with our meeting last Thursday, Noble Consultants, Inc. (NCI) together with our subconsultants is pleased to present this amended Proposal to initiate an investigation into the feasibility of maintenance dredging within the Seminiuk Slough. The purpose of our study shall be to perform limited field sampling and testing of the sediments within the eastern slough channel, investigate the feasibility of interagency project coordination, and recommend a next course of action. SCOPE of SERVICES Our Scope of Services shall be limited to the following tasks. Task 1. Sediment Sampling and Testing Our sub - consultant, MEC- Weston, shall conduct a limited sediment sampling and testing study. Core sediment samples to a target depth of five feet below the mudline will be collected from four locations within the eastern portion of the slough channel. The four samples will then be composited into a single sample for chemical and physical analysis. Samples will be collected utilizing a piston core deployed from a 12 -foot inflatable raft. Piston coring is a process of obtaining continuous well - preserved sediment samples from water saturated, unconsolidated sediments. Penetration of the core tube is achieved by manually pushing the tube into the sediment via application of downward pressure on aluminum extensions attached to the piston core. To prevent compaction of the core during penetration, a plunger within the tube is set at the sediment water interface and maintains static pressure ensuring core integrity. To increase penetration, a hammering device may be utilized to drive the core deeper into sediments. EXHIBIT A G NOVATO: 359 BEL MARIN KEYS RI.YD., SUITE 9, NOVATO, CA 94949 -5637 (41-,)884-0727 FAX (415) 884 -0735 G IRVINE: 2201 DUPONT DR.. SUITE 620. IRVINE, CA 92612.7509 (949)752-153o FAX(949)752-8381 C SAN DIEGO: 9326 OAKBOURNE RD.. SANTEE, CA 92071 -2314 (619) 596 -9510 FAX(619)448-2022 http: //w .noblecons6ltanis.com 0 0 Mr. Robert Stein, P.E. • City of Newport Beach Seminiuk Slough Dredging Project June 9, 2004 Page 2 of 5 Refusal due to the presence of rocks and debris or consolidated clay and/or native material may occur prior to reaching the target depth of five feet below the mudline at some or all of the locations. If this occurs, samples will be collected to the depth of refusal. Once the core is retrieved to the boat, the core tube will be cut to length and capped for later processing onshore. The four core samples will be measured and examined for sediment type, texture, smell, and color. The samples will then be composited in a large stainless steel mixing bowl into a single sample for chemical and physical analysis. In order to proceed with a sediment sampling and testing program, we shall prepare a sediment sampling and analysis work plan (SAP) for approval by the U.S Army Corps of Engineers, U.S. EPA, and the California Regional Water Quality Control Board. The approved SAP shall constitute the regulatory agency permissions to perform the field work and their endorsement of the analysis methodology. Task 2. Preliminary Assessment of Dredging Volume We shall conduct a one -day bathymetric survey of the eastern slough channel in order to provide a preliminary assessment of existing depths within the channel. The results of the survey shall be used to estimate the probable maintenance dredging volume. Task 3. Strategic Planning Assessment Larry Paul from Tetra Tech, Inc, shall perform an initial strategic planning assessment of the proposed dredging project to explore avenues of inter - agency coordination and cost sharing, potential stake- holder issues, and possible obstacles that might prevent the dredging project from moving forward. The specific tasks shall be: a) . Determine a preliminary footprint of the project with NCI. b) Review the results of the Task 1 sediment sampling and testing analysis to see if there are any critical sediment compatibility and disposal issues related to grain size or chemical contamination that could seriously compromise the project's feasibility. If potential red flag issues are identified at this point, the study could be terminated or re- directed in consultation with staff. If the sediment appears to be compatible for nearshore disposal, than Task 2 would proceed to explore the following inter- agency project cooperation and project planning options. c) Work with the U.S. Army Corps of Engineers Los Angeles District to determine timing for both projects and the mutual cost benefits of doing both at the same time. d) Negotiate with the Corps of Engineer to allow the Seminiuk Slough dredged material to be placed in the nearshore zone. Mr. Robert Stein, P.E. • • ' City of Newport Beach Seminiuk Slough Dredging Project June 9, 2004 Page 3 of 5 e) Coordinate with the Corps of Engineers and regulatory agencies to determine expedited or jointly negotiated permits for both City and Corps of Engineers projects. f) Coordinate the interest of the County Flood Control District, Corps of Engineers, and the City regarding.the potential phasing of this project. If the Santa Ana River maintenance dredging project takes place first, then the federal responsibility for the slough remains yet an uncompleted project that might still be coordinated with the City's project. g) Make some preliminary inquiries concerning beneficial reuse of the slough material for wetland restoration in the adjacent federal wetlands. h) Investigate the potential for a conservancy for future management of this general area, using federal funds as the initial annuity. . Task 4. Recommendations Our study shall conclude with a brief memorandum report to staff summarizing our findings and recommendation. The memorandum shall include the following items: a) Sediment sampling and test results by MEC- Weston 0 b) Summary of the potential for inter- agency project coordination and cost sharing. c) Recommended project goal FEE and SCHEDULE We proposed to perform the above services on a time and expenses basis in accordance with our Standard Schedule of Charges. We estimate that our not to exceed fee to perform the above tasks shall be as listed below. Task 1 Prepare SAP $5,290 Sediment sampling and testing 6,900 Coordination 1,356 Task 2 Preliminary survey/ volume estimate 10,000 Task 3* Strategic planning analysis 11,500 Coordination 2,556 Task 4* Memorandum report to staff 1,601 Total estimated fee $39,203 If Task 1 results are unfavorable, Task 3c through 3h and Task 4 may be terminated or re- directed in consultation with staff Mr. Robert Stein, P.E. City of Newport Beach Seminiuk Slough Dredging Project June 9,2004 Page 4 of 5 The basis for the above fee is provided on the attached spreadsheet. Our schedule shall depend upon the time is takes for the regulatory agencies to certify our SAP submittal. Assuming that we receive a Notice to Proceed from the City by June 28i1' and the agencies certify our SAP within two weeks after submittal, we estimate that Tasks 1 and 2 may be completed by August 13t1. Task 3 and 4 can be completed within approximately four to six weeks after receipt of the sediment test results. We appreciate the opportunity to present this proposal for your consideration. Should you have any questions regarding this proposal or need any additional information, please do not hesitate to contact us. Sincerely, CONSULTANTS, INC. "EMI I - ' A JTW jm Attachment: Fee estimate spreadsheet 40 Mr. Robert Stein, P.E. City of Newport Beach Seminiuk Slough Dredging Project June 9,2004 Page 5 of 5 Fee Estimate Spreadsheet Project: Seminiuk Slough Dredging Project Client: City of Newport Beach NsOBLE Date of Estimate: 7-Jun-04 - .. Task 1 Coordination PIC $185 A ..E I $1501 WP 560 �5nrSury I $1051 Surv2 $86 Eng II I $98 1 -. I - Totals Hours Dollars $1,26C 8 1 Task 2 Determine dredge volume 1 -day bathymetric surve 12 24 $3,324 Data processing 8� 16 $2,216 Estimate dredge volume 11 16 $2,768 Task 3 Coordination 1 161 1 $2,460 1 1 1 Task Report to staff 1 81 21 $1,505 Sub - Totals 11 401 41 201 401 161 1 1 121 $13,533 . e MEC- Weston Task 1. Sediment sampling and testis $10,600 Larry Paul, Tetra Tech, Inc. Task 2. Strategic planning analysis $10,000 Total Subconsultants Handling Charge @ 15% - 53,090 Sub -total $23,690 Cadd Communications $100 Courier Expenses $100 Reproduction $150 Other 1 Bath rmetric survey boat and equipment $1,372 Total Reimbursable Ex enses Handling Charge @ 15% _ $258 Sub -total $1,980 .. $39,203 EXHIBIT B C 11 . stein, P.E. s ,wport Beach Slough Dredging Project .4,2004 ,e 18 of 26 Glenn E. Gibson Mr. Gibson has over 40 years of construction analysis, construction Construction Evaluation management, supervision, cost estimating, and field inspection. In addition to his consulting background, he has been responsible for the construction of numerous civil works projects including marine terminals, breakwaters, dredging, deep foundations, bridges and piers. Duane E. Maddux Mr. Maddux has over 40 years of experience in marine geophysical Hydrographic Surveying and hydrographic surveying for federal, state and local government agencies, as well as industry and private sector clients. He has managed numerous projects that have included design and construction of specialized instrumentation systems for geophysical, geotechnical, and engineering investigations. He holds ACSM Certification as both an inshore and offshore hydrographer and a USCG license to operate commercial vessels. Noel Davis, Ph.D. Dr. Davis has more than 25 years of experience in managing Marine Biologist/ estuarine, freshwater, and oceanographic environmental studies. Wetlands Specialist She is responsible for managing the aquatic and marine portions of EISs, EAs, and EIRs for both onshore and offshore projects. She has extensive experience in conducting marine studies and performing wetlands and water quality assessments in conjunction with 404 permit evaluations and environmental reports. Brian Riley Mr. Riley is a marine biologist with extensive experience in field Sediment Sampling monitoring, sediment sample collection and analysis, and chemical toxicity. He has conducted numerous field surveys and laboratory investigations to characterize the in situ sediments and water column. Mr. Riley's experience extends into Upper Newport Bay and the western portions of the Seminiuk Slough. 0 Mr. Robert Stein, P.E. a ' City of Newport Beach Seminiuk Slough Dredging Project May 14, 2004 Page 17 of 26 Ronald M. Noble, P.E. Mr. Noble has supervised and designed numerous coastal and ocean Principal -in- Charge design and planning projects over his 40 years of professional experience. His dredging experience includes the Upper Newport Bay enhancement project. He has been involved in various types of waterfront development in Newport Harbor throughout his professional career. His most recent projects include the Newport Harbor bulkhead, Balboa and Newport Pier Rehabilitation and numerous bulkheads. He is a recognized expert in the field of coastal and harbor engineering. Jon T. Moore, P.E. Mr. Moore was most recently the project manager for the City Study Manager municipal piers renovation. Over the span of his 33 -year career, he has been exclusively dedicated to maintenance dredging and the design and construction of coastal projects, marinas, bulkheads, promenades, piers, and other capital projects. Since 1987, he has provided consultation to the U.S. Army Corps of Engineers on; numerous coastal projects. Lawrence R. Paul Mr. Paul has been directly responsible for the implementation and Program Implementation development of watershed management studies, federally; authorized civil works projects, and coastal water resources projects! within Orange County. His knowledge of technical, political, and stakeholder issues for coastal projects will provide a vital link; toward the formulation and implementation of a consensus project. Chia -Chi Lu, Ph.D., P.E. Dr. Lu specializes in coastal and hydraulic engineering. He has; Coastal Engineering extensive experience in the development of numerical models to: simulate coastal and hydraulic processes and analyze engineering problems. Since his graduate work at the University of Miami, he has conducted numerous coastal investigations along the County of Orange shoreline, estuaries, and southern California coast. Dr. Lu was the principal investigator for the engineering assessment for the; Bolsa Chica Wetlands Restoration EIS/EIR. i Scott M Noble, P.E. Mr. Noble is a civil engineer with over 26 years of experience Dredging, and Ecosystem specializing in the engineering analysis, design, cost estimating, and! Restoration permitting of coastal, waterfront, and marina projects. This work has, included coastal processes analysis, development of oceanographic design criteria, detailed design of marinas, shoreline protection, waterfront structures, ecosystem restoration, and the dredging of channels and lakes. 11