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)
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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
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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
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•
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
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:.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
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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 $20,000 for the following tasks:
1.. Further develop Newport Slough/Semeniuk Slough combined project scope with the
Corps of Engineers to include the initiation of a Federal ecosystem restoration project.
Investigate the cost sharing potential and grant opportunities for the local share.
2. Research the potential for nearshore disposal of dredge fill material. Research the
linkage of nearshore disposal with the policy guidelines of the Federal/ State Sediment
Master Plan.
3. Determine the resource /regulatory/stakeholder interests and concerns for such a project.
03/15/2005 13:50 4158840735 NOBLE CONSULTANTS NO
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PAGE 01
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,03/15/.2005 13:50 4158840735 NOBLE CONSULTANTS NO PAGE 03
A ORD- CERTIFICATE LIABILITY INSURAN OP ID S mTEIMEDOnYYY)
NOBLE -1 09/15/04
PRODUCER
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ACSC /MARSH
800 Market St, Ste. 2600
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERT FICATE DOES NOT AMEMb, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
St. Louis MO 63101 -2500
POLICY NUMBER
DATE M
Phone-800- 338 -1391 Pax:688 -621 -3173
INSURERS AFFORDING COVERAGE
NAIC#
INSURED
INSURER A: ITartTOm Aeeidaut ae m4e.mits
INSURER E:
EACH OCCURRENCE
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359 Bel Maria Keys Blvd.,8te.9
Novato CA 94949
NSURERD:
84SBWM6015
INSURER E:
11/01/05
PREMISES ��)
t,VVtNALdtiS
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THS POLICY PERIOD INDICATED. NO1W M IDTANDWO
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLI SIONS AND CONDITIONS OF SUCH
POLICIES. AOGHb(!—E LIMB$ SHOWN MAY HAVE BEEN REDUCED SV PAID CLAIMS.
LTR
NB
TYPE OF INSURANCE
POLICY NUMBER
DATE M
DATE MMIO
LIMITS
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$1000000
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WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
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DESCRIPTION OF OPERATIONS/ LOCATIONS I VEHICLES/ MILLIONS ADDED BY EN VISIONS
CITY OF NEWPORT BEACB, ITS EL$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.
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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
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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
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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
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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.
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14. INSURANCE
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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.
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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.
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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.
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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
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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
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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,
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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.
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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
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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:
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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
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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.
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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
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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
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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
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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.
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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.
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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.
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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.
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18. COMPUTER DELIVERABLES
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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
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23.
24.
25.
26.
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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
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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,
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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.
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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
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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
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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
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. 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.
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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.
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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.
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